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House | May 8, 2013 | Chamber | Session

...The House will come to order. Members, please take your seats.
Visitors, please retire from the chambers. We'll allow a couple of
minutes; Sergeant-at-Arms, allow just another minute to allow members to
enter the chamber. Members and visitors in the gallery, please silence
all cellular phones and personal electronic devices. [pause] The
Sergeant-at-Arms will close the doors. [pause] The prayer will be
offered by Representative Fulghum. Members and visitors in the gallery,
please stand and please remain standing for the Pledge of Allegiance.
[SPEAKER CHANGES]
May we pray? From a Christian hymn, Near the Cross. O Lamb of God,
Bring its scenes before me; Help me walk from day to day, with its
shadows o’er me. In the cross, in the cross, be my glory ever; till my
raptured soul shall find rest beyond the river. Near the cross I’ll
watch and wait Hoping, knowing, trusting ever, Till I reach the golden
strand,
Just beyond the river. Amen.
[SPEAKER CHANGES]
I pledge allegiance to the flag of the United States of America; and to
the republic for which it stands; one nation, under God, indivisible,
with liberty and justice for all.
[SPEAKER CHANGES]
Representative Moore is recognized.
[SPEAKER CHANGES]
Mr. Speaker, the journal from Tuesday, May the seventh, 2013 has been
examined and found to be correct. I move approval as written.
[SPEAKER CHANGES]
Representative Moore moves that the journal for May the seventh be
approved as read; and all those in favor say aye. All opposed say no.
The ayes have it. The journal is approved as written. Petitions,
memorials, or papers addressed to the General Assembly of the House,
ratifications of bills and resolutions, the Clerk will read.
[SPEAKER CHANGES]
[??] Enrolling clerk reports the following bills be ratified [??]
presentation. The Governor submits Senate Bill 91, an act to clarify
the law pertaining to administrative action that may be taken by the
Occupation Licensing Board as a result of expunged charges or
convictions under GS-15A-145.4 and GS-15A-145.5; House Bill 149, an act
to make a criminal offense the failure to report the disappearance of a
child to law enforcement and increase the criminal penalty for
concealing the death of a child; increase the criminal penalty for
making false, misleading, or unfounded reports to law enforcement
agency, and exempt from the [??] House Bill 706, an act to provide that
the disposal of onsite demolition debris from the [??] manufacture [??]
including electric generating stations exempt from the landfill
permitting requirements;
[SPEAKER CHANGES]
Chaptered bills will be noted. [pause] Ladies and gentlemen, the
House, by motion of Representatives Horn, from Union County, the Chair
is happy to extend the courtesies of the gallery to elementary school
students, teachers and chaperones from Antioch Elementary in Matthews.
Please stand and let us welcome you. [applause] Reports of standing
committees and permanent subcommittees? Representative Blust is
recognized to send forth committee report; the Clerk will read.
[SPEAKER CHANGES]
Representative Blust for the Judiciary Subcommittee A, House Bill 698,
background checks for firefighters, favorable.
[SPEAKER CHANGES]
Calendar?
[SPEAKER CHANGES]
House Bill 870, Record closed sessions of public bodies, favorable.
[SPEAKER CHANGES]
Calendar.
[SPEAKER CHANGES]
House Bill 984, Budget Authority Amendments, favorable, and serially
referred to Appropriations.
[SPEAKER CHANGES]
The bill will be re-referred to the Committee on Appropriations.
Representatives Hollo and Jones are recognized to send forth Committee
reports; the Clerk will read.
[SPEAKER CHANGES]
Representatives Hollo and Jones for the Health and Human Services
Committee, House Bill 204, update, modernize [??] practice act,
favorable. Committee Substitute unfavorable on [??] bill and serially
referred to Judiciary Subcommittee B.
[SPEAKER CHANGES]
C
[SPEAKER CHANGES]
Committee substitute will be re-referred to Judiciary Subcommittee C,
original bill unfavorable. Calendar. Representatives Howard, Brawley,
Lewis, and Setzer are recognized to send forth committee report. The
Clerk will read.
[SPEAKER CHANGES]
Representatives Howard, Brawley, Lewis, and Setzer for the Finance
Committee, House Bill 442; Municipal incorporation changes, favorable.
[SPEAKER CHANGES]
Calendar.
[SPEAKER CHANGES]
House Bill 526, [??] Chapman voluntary annexation, favorable.
[SPEAKER CHANGES]
Calendar.
[SPEAKER CHANGES]
House Bill 545, Modifying Henderson County occupancy tax, favorable.
[SPEAKER CHANGES]
Calendar.
[SPEAKER CHANGES]
House Bill 552, remove the area from county service district, favorable.
[SPEAKER CHANGES]
Calendar.
[SPEAKER CHANGES]
House Bill 656 --[end of data...]

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Come to order. Chair also recognizes a group from Cleveland county
chamber of commerce volunteers and markers and I suspect that there may
be others so the chair would first like to get the members' attention.
Chair would like to extend the courtesies of the gallery to
representative from Cleveland County, chamber of commerce and any one in
economical development in chamber from across the state, please stand as
we welcome you.
Counter house bill 779, the clerk will read.
[SPEAKER CHANGES]
Committee substitute for house bill 779 has been entitled as an act to
direct the legislative research commission to save the issue and
responsibility for maintenance of infrastructure for closer or abandoned
properties.
General assembly of North Carolina in act.
[SPEAKER CHANGES]
Representative Torbett, please state your purpose.
[SPEAKER CHANGES]
To speak on the bill.
[SPEAKER CHANGES]
The gentleman is recognized to debate the bill.
[SPEAKER CHANGES]
Thank you Mr. Speaker. If I might take this moment for the members of
the house. Let me tell you just a brief reason why this is before you
today. In 2 and a half years ?? in my ?? there was a small development
about 30 units were senior citizens, just a few years older than me
decided to locate for what they believed to be their last resort. So
they bought into this subdivision and numerous of these homes were built
on the back side of the subdivision that their backyard was literally 20
feet to an excavated wall of dirt that would go probably bad as time
from the floor ?? and in some areas it tapered the further development
you want but at times at time point it was a wall of dirt straight up
that has been excavated about 20 feet from the backdoor of these homes
of these seniors. They were promised that retaining ?? that would
compensate and pretty much screen that block of dirt. 2008 comes, the
county starts tanking. The original developer disappears. We have looked
these ??. So we checked every visible mains and recourse for these folks
in this substitute division and there is one visible mains of recourse.
They could sue their HOA which is themselves. We pretty much talked to
deaner, we have talked to city, we have talked to County, we have talked
to Attorney general and no one is laying claims or responsibilities
other than they put their responsibilities on the developer that pretty
much left the project and ran. So with the work of some good folks, I
have drafted a bill that will allow, mandate developers to put a cash ??
down on assets on their development that cross common lines like
streets, ground coverings, swimming pools. This included retaining
walls. So any thing that's pretty much incorporated multiple areas of
this development, not just a single family unit but multiple, common
acts or common courts of the community. I say we need to ?? for that and
even if worse thing ever happens, god forbid, and some other developer
somewhere in North Carolina decides to leave their development and ??
that the initial development and the people that bought into the
development believing that this would happen, now would actually happen.
They wouldn't be left time ??. Needless to say, I met with a lot of ??
and I don't shame those people for battling me over because although
they weren't a social element now that we are off to times not to punish
everyone for the sins of a very few, I couldn't get the...

does tout the Allies. Even so I-a-half of the numbers of the day, we
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...continue to do it and hopefully that will be better convenient to
you. House Bill 784, the Clerk will read.
[SPEAKER CHANGE] Committee Substitute for House Bill 784, a bill to be
entitled An Act To Provide that the Remedies and Penalties for Worthless
Checks Also Apply When a Check That Has Been Paid In Full Is Presented
Again For Payment and to Provide That Checks Refused to be Honored by
Bank May Be Submitted As Evidence If They Are Stamped or Marked With One
of a Number of Different Listed Terms. General Assembly of North
Carolina enacts.
[SPEAKER CHANGE] Representative Stone, please state your purpose.
[SPEAKER CHANGE] Debate the bill.
[SPEAKER CHANGE] The gentleman is recognized to debate the bill.
[SPEAKER CHANGE] Thank you, Mr. Speaker. Ladies and gentleman of the
House, this bill actually was brought to our attention by one of my
constituents back home. In today's modern world, you can actually take
your cellphone, take an image of your check, and have it deposited. The
problem was they would then take the check and go cash it again. So what
this bill does is in Sections 1, 2 and 4, it closes that loophole and
allows the merchant or the check holder to actually use criminal or
civil remedies to collect the funds. Now the other problem we have is
that some merchants only recognize certain codes on the back of a check.
So what we did while we had this bill in front of us is we had included
all the codes to make it simpler for a merchant to collect their funds
or to press charges against them to get their money. So that's about it.
And the bill, it did pass banking unanimous and we need your support.
[SPEAKER CHANGE] Further discussion, further debate? If not, the
question before the House is the passage of the House Committee
Substitute to House Bill 784 on its second reading. All in favor vote
aye, all opposed vote no. The Clerk will open the vote.
The Clerk will lock the machine and record the vote. One hundred and
eighteen having voted in the affirmative, none in the negative, the
House Committee Substitute to House Bill 784 has passed its second
reading and without objection, will be read a third time.
[SPEAKER CHANGE] General Assembly of North Carolina enacts.
[SPEAKER CHANGE] Further discussion, further debate? If not, the
question before the House is the passage of the House Committee
Substitute to House Bill 784 on its third reading. All in favor say aye,
all opposed say no. The ayes have it. The House Committee Substitute to
House Bill 784 has passed its third reading and will be sent to the
Senate.
Ladies and gentlemen of the House, the Chair would like to welcome
another group of elementary school students into the gallery. The Chair
is happy to extend the courtesies of the gallery to students, teachers
and chaperones from South Fork Elementary in Winston-Salem. Please wave
to us and welcome.
[applause]
Ladies and gentlemen of the House, upon motion, members of all the
House, and especially from the Chair, the Chair is happy to extend the
courtesies of the gallery to members of the Carolinas Golf Course
Superintendents. Carolinas Golf Association, Club Managers Association,
Pinehurst SVB, North Carolina Golf Course Owners Association, Carolinas
PGA and the Carolinas Golf Course Architects Association. North
Carolina's golf economy, according to Standford Research, is a $4.2
billion economic impact annually. Fifty-three thousand jobs and a $1.3
billion payroll. Golf contributed $146 million to charitable interests
in 2011 and we all know that North Carolina is home to some 800 golf
courses, some of the best in the country. And for that matter, the
world. We appreciate all the work that you all did. Please stand and let
us welcome you.
[applause]
And please not forget Pinehurst is going to be host to the 2014 Men's
and Women's U.S. Open. That's an historic first. And congratulations to
all the folks who worked hard to make that happen and put North Carolina
once again on the map.
House Resolution 578, the Clerk will read.
[SPEAKER CHANGE] House Resolution 578, a House...

Solution honoring the founders of the town of Steadman while observing
the town's 100th anniversary. The house resolves.
[SPEAKER CHANGES]
The clerk will read the bill in its entirety.
[SPEAKER CHANGES]
Whereas the town of Steadman, located in Cumberland County, was named
for Charles M. Steadman, a member of the United States House of
Representatives, lieutenant Governor of North Carolina, and president of
the North Carolina railroad. Whereas the town was incorporated by the
General Assembly on February 20, 1913. Whereas the town's first officers
were Mayor John B. Bryant, commissioners A.C. Bullard, J.E Fussle, J.H.
Bryant, O.L. McFadden, and A.G. Strickland, and clerk and treasurer M.
A. Kitty. And whereas the town has approximately 1,040 citizens. And
whereas the town continues to prosper through the continued dedication,
insight, and planning of its concerned leaders and citizens. Whereas the
100th anniversary of the town of Steadman is worthy of celebration, and
should be enjoyed and supported by all North Carolinians. Now therefore,
be it resolved by the House of Representatives, section 1, the House of
Representatives wishes to honor the founders of the town of Steadmond,
and extends its sincere congratulations and best wishes to the town of
Steadman, upon the town's centennial anniversary. Section 2, the
principal clerk shall transmit the certified copy of this resolution to
the mayor of the town of Steadman. Section 3, this resolution is
effective upon adoption.
[SPEAKER CHANGES]
Representative Szoka is recognized to debate the resolution.
[SPEAKER CHANGES]
Thank you Mr. Speaker. I'd like to offer just a few. Thank you. I'd like
to offer just a few brief comments about the town today. You can always
tell how healthy a small town is by the way people treat its citizens
and its visitors, and I'm proud to tell you Steadman is one healthy
town. The folks there friendly, proud of its past, and confident of its
future. Steadman has supplied more than its fair share of dedicated
public servants, from its current mayor, the county commissioners,
members of boards and commissions, and even a U.S. congressman, Nathan
Steadman, who the town was named for. Steadman is a town built by people
of strong character, and today, continues as a town maintained by faith,
generosity, and patriotism. I comment the resolution to you.
[SPEAKER CHANGES]
Representative Lucas, please state your purpose.
[SPEAKER CHANGES]
To speak on the resolution.
[SPEAKER CHANGES]
The gentleman is recognized to debate the resolution.
[SPEAKER CHANGES]
Thank you Mr. Speaker. Ladies and gentlemen, I'm proud to say that the
town of Steadman is in my home county Cumberland. I've known of the
prowess of the town of Steadman all my life. Steadman had a rich
heritage and tradition. Back when they had their own high school, they
were known as the Steadman Rams, and they'd whip just about anybody.
They won several conference championships, and they even won a few state
championships, under the late coaches Dorris Howard and Leon Brock. They
soon consolidated into Cape Fear High School, and I had the pleasure of
teaching first year consolidation at Cape Fear High School. Cape Fear
High School has had its share of favorite sons, including a gentleman by
the name of David Lewis. Might make note of that. Steadman continues to
thrive and I have the occasion to ride through there quite frequently on
highway 24, and they're now ready to expand that highway, and continue
to grow, and they know even have their own Wal Mart, so we know that
they're making progress. Steadman continues to be proud of its tradition
and we continue to wish Steadman well. I commend the resolution to you.
[SPEAKER CHANGES]
Further discussion, further debate. If not, the question before the
house is the adoption of House resolution 578. All in favor vote aye,
all opposed vote no. The clerk will open the vote. The clerk will let
the machine record the vote. 119 having voted in the affirmative and
none in the negative. House resolution 578 has been.

...adopted. It will be ordered printed. Ladies and gentlemen of the
House, upon motion of Representative Szoka, from Cumberland County, the
Chair is happy to extend the courtesies of the gallery to the Stedman
delegation seated in the gallery. Mayor Billy D. Horn and Faye Horn and
town clerk, Jennifer Wilson Kirsch. Please stand and let us welcome you.
[applause]
House Resolution 720, the Clerk will read.
[SPEAKER CHANGES] House Resolution 720, House Resolution honoring those
who established the Davidson County Industrial Education Center and
Davidson County Community College. The House resolves.
[SPEAKER CHANGES] Representative Dockham, please state your purpose.
[SPEAKER CHANGES] To explain the resolution, Mr. Speaker.
[SPEAKER CHANGES] The gentleman is recognized to debate the resolution.
[SPEAKER CHANGES] Thank you, Mr. Speaker, and ladies and gentlemen of
the House, this is just a House Resolution honoring Davidson County
Community College on its 50th anniversary. Unfortunately, none of the
folks from the college could be here today, but we are having our
graduation Saturday and I just want to congratulate Davidson County
Community College and ask for your support on this House Resolution.
Thank you, Mr. Speaker.
[SPEAKER CHANGES] Further discussion, further debate? If not, the
question before the House is the adoption of House Resolution 720. All
in favor vote aye, all opposed vote no. The Clerk will open the vote.
All members wishing to record, please do so at this time. Even members
with pencils in their mouth. Oh, I'm so sorry. Mr. Hastings, does the
gentleman wish to record?
[SPEAKER CHANGES] Sorry, Mr. Speaker. I would.
[SPEAKER CHANGES] Press the green there.
[laughter]
Press the green, there you go. The Clerk will lock the machine and
record the vote.
[SPEAKER CHANGES] My wife was calling, Mr. Speaker.
[SPEAKER CHANGES] One hundred and nineteen having voted in the
affirmative, and none in the negative. House Resolution 720 has been
adopted and will be ordered printed. And the Chair does apologize for
Representative Hagar.
House Bill 671, the Clerk will read.
[SPEAKER CHANGES] Committee Substitute for House Bill 671, a bill to be
entitled An Act Removing Certain Described Property From the Corporate
Limits of the Town of Mills River. General Assembly of North Carolina
enacts.
[SPEAKER CHANGES] Representative McGrady, please state your purpose.
[SPEAKER CHANGES] To speak on the bill.
[SPEAKER CHANGES] The gentleman is recognized to debate the bill.
[SPEAKER CHANGES] This is third reading on a bill that passed 119 to 0,
it's a voluntary deannexation requested by the town. Hope everybody will
support it again.
[SPEAKER CHANGES] Further discussion, further debate? If not, the
question before the House is the passage of the House Committee
Substitute to House Bill 671 on its third reading. All in favor vote
aye, all opposed vote no. The Clerk will open the vote.
All members wishing to record please do so now. The Clerk will lock the
machine and record the vote. One hundred and fifteen having voted in the
affirmative, none in the negative. The House Committee Substitute to
House Bill 671 has passed its third reading, will be sent to the Senate.
House Bill 537, the Clerk will read.
[SPEAKER CHANGES] House Bill 537, a bill to be entitled An Act to
Provide For Four Year Terms Rather Than Six Year Terms for the Members
of the Edenton-Chowan Board of Education and Change the Election
Schedule for One District C. General Assembly of North Carolina enacts.
[SPEAKER CHANGES] Representative Steinburg, please state your purpose.
[SPEAKER CHANGES] Speak on the bill, Mr. Speaker.
[SPEAKER CHANGES] The gentleman is recognized to speak on the bill.
[SPEAKER CHANGES] Thank you. This is, ladies and gentlemen, a local bill
and changing the terms limits of the school board members in the
Edenton-Chowan School District from six years to four years. We have 115
LEA's in the State and there are only 4 that have terms that exceed 4
years. Edonton-Chowan being one. So in the interest of conforming with
the rest of the State, that's where we're going with this. It was
presented in Education last week, I believe it was, or maybe it was
earlier this week. One day runs into another.

...but in any event it passed unanimously in education and I ask for
your support. Thank you. [SPEAKER CHANGES] Further discussion, further
debate? If not,the question before the House is the passage of House
Bill 537,on its second reading, all in favor, say aye. All opposed, say
no. The ayes have it, House Bill 537 is passed the second reading and
without objection, will be read a third time. [SPEAKER CHANGES]Chairman
? [SPEAKER CHANGES]Further discussion, further debate? If not, the
question before the House is the passage of House Bill 537 on its third
reading, all in favor say aye. All opposed say no. The ayes have it,
House Bill 537 is passed its third reading, and will be sent to the
Senate. Representative Farmer-Butterfield, please state your
purpose.[SPEAKER CHANGES]It's to indicate my vote on House Bill 6721, I
want to vote aye.[SPEAKER CHANGES]Belated, be it recorded as voted aye.
[SPEAKER CHANGES]Thank you Mr. Speaker.[SPEAKER CHANGES]Ladies and
gentlemen of the House, we are about to move down onto the calendar for
House Bill 9. This is the bill that would result in a constitutional
amendment going on the ballot that requires three fifths of a vote in
order to pass. House Bill 9, the Clerk will read.[SPEAKER CHANGES]House
Bill 9, a bill to be entitled "An Act Amending the North Carolina
Constitution to limit the terms of the Speaker of the House of
Representatives and the President Pro Tempore of the Senate to two
General Assemblies. The General Assembly of North Carolina
enacts.[SPEAKER CHANGES]Representative Stam, please state your
purpose.[SPEAKER CHANGES]To speak on the bill.[SPEAKER CHANGES]The
gentleman is recognized to debate the bill.[SPEAKER CHANGES]Mr. Speaker,
members of the House, this bill passed the House last session by a good
healthy margin, and it's identical I believe, except for the change in
dates, to the one that passed then. It does as it says, it sets a term
limit on the Speaker and the Pro Tempore-our Speaker has already
announced he's not going to go beyond this anyway, and it's a salutary
provision that people at the very top of leadership should not stay
there forever, because things freeze, and I encourage you to vote for
the bill.[SPEAKER CHANGES] Further discussion, further debate? If not,
the question before the House is the passage of House Bill 9 on its
second reading, all in favor vote aye. All opposed, vote no.The Clerk
will open the vote. Clerk ? machine record the vote, 84 having voted the
affirmative, 35 in the negative, we have achieved three fifths, and it
is the roll call bill, but we can't take third reading today, so without
objection, House Bill 9 will be read a third time. [SPEAKER
CHANGES]General Assembly of North Carolina enacted.[SPEAKER CHANGES]
Further discussion, further debate? If not, the question before the
House is the passage of House Bill 9 on its third reading, all in favor
will vote aye, all opposed vote no. The Clerk will open the vote.The
Clerk ballot machine record the votes, 84 having voted the affirmative,
35 in the negative, House Bill 9 is passed its third reading, and will
be sent to the Senate. House Bill 817 the Clerk will read.[SPEAKER
CHANGES] House Bill 817, a bill that's been entitled "An Act to
strengthen the economy through strategic transportation investments, the
General Assembly of North Carolina enacts.[SPEAKER CHANGES]
Representative Bill Brawley, please state your purpose.[SPEAKER
CHANGES]To explain the bill. [SPEAKER CHANGES] The Gentleman is
recognized to debate the Bill.[SPEAKER CHANGES] Thank you Mr. Speaker, I
would like indulgence to have staff join me on the floor to answer
questions.[SPEAKER CHANGES]The staff are available to any member needing
them.[SPEAKER CHANGES] Thank-you Mr. Speaker. This bill has been through
Transportation, through Finance, and through Appropriations, so most
everyone here has heard it at least once. It's based on the idea that
our population is increasing, the amount of money that we are able to
raise for transportation is decreasing, and we need to be very strategic
and very efficient in how we spend the remaining money that we have on
the projects. We are changing the way we allocate money into three
parts. After the amendment yesterday in Appropriations,we are doing 40%
for statewide projects, 30% for regional projects, and 30% for
divisional projects. This should allow us to increase the number of
projects that we are doing from a current 10-year forecast of 174,
excuse me, 175, to 260...

Also allow us through the increased enhancement that economic activity
to increase the number of jobs from 174 thousand to 240 thousand. I
would like at this time to ask that the speaker recognize representative
McGrady to sent forth an amendment.
[SPEAKER CHANGES]
Representative McGrady is recognized to send forth an amendment. The
clerk will read.
[SPEAKER CHANGES]
Representative McGrady moves to amend the bill on page 7 line 25 by
adding after the period and before the following.
[SPEAKER CHANGES]
The gentleman is recognized to debate the amendment.
[SPEAKER CHANGES]
Those of you who were in the appropriations committee yesterday may
remember I had an amendment that I offered, the idea being to provide
and ensure some transparency in the grading that we are doing and
scoring of the various transportation projects. General ?? came forward
and explained sort of what the department does and I frankly think what
is in this amendment is consistent with what the department is planning
to do. The gentleman, representative Brawley asked me at that time to
pull the amendment and work on the language and he and I last night
agreed on what was two sentences. When we brought our two sentences to
the legislative staff it got longer but I think it accomplishes and ??
in much more clarity then I was supposing what needs to happen here. I
believe it's a friendly amendment and at least it's intended that way,
I'll vote for the bill whether it passes or not but I think since we are
moving to a data driven system, it's really important that we ?? to see
what the data is and we have to evaluate and this will make that
transparent I hope. I appreciate the work representative Brawley has
done with me on this.
[SPEAKER CHANGES]
Further discussion or debate on the amendment. If none, the question
before the house is the passage of the amendment sent forth by
representative McGrady for the house committee substitute number 3 of
house bill 817.All in favor vote aye. All opposed vote no. The clerk
will open the vote. The clerk will let the machine record the vote. 118
having voted in the affirmative, none in the negative. The amendment
passes. We are now back on the bill.
Representative Michaux, please state your purpose.
[SPEAKER CHANGES]
To offer an amendment, Mr. Speaker.
[SPEAKER CHANGES]
The gentleman is recognized to send forth an amendment, the clerk will
read.
[SPEAKER CHANGES]
Representative Michaux moves to amend the bill on page 4 lines 9 and 10
page 5 lines 13 and 14 by adding the following.
[SPEAKER CHANGES]
The gentleman is recognized to debate the amendment.
[SPEAKER CHANGES]
Mr. Speaker and ladies and gentleman of the house, there have been some
items that have been on the TIP for many number of years now and have
not really received any basic consideration. What this amendment does is
simply try to put them in line to get a little bit of consideration.
Looking at the amendment it provides that on TIP..actually the projects
that are on the TIP dated on or after 1989, they would be assigned at
least 25 points on the 100 point series and also does affect that
languages of ?? as amended would appear ?? projects over the last 25
years that have not yet been billed would get an enhanced reading of at
least 25 points resulting in them moving up in a new priority position.
These would affect a lot of small counties and some metropolnariers
where the programmes have just ?? and if you are going to move to a new
system, with these programmes having sat there they ought to have some
leg up at least to try to get into this new programme. I ask you to
support the bill.
[SPEAKER CHANGES]
Representative Brawley, please state your purpose.
[SPEAKER CHANGES]
To speak on the amendment.
[SPEAKER CHANGES]
The gentleman is recognized to debate the amendment.
[SPEAKER CHANGES]
Thank you Mr. Speaker. I'd ask that the body not support the amendment,
part of the reason for going to a new plan is that the old plan has got
a little old and if...

bad projects that still have not been built. There may be a reason, but
they will be rated fairly, and if there in small counties, they'll still
be rated fairly, and be able to compete. And also, I would remind the
body that the change made in the appropriations yesterday, shifted more
money from the regional to the district, or the what I would call the
most local of local levels. And in fact, increased the money that's
50-50, data driven, and local input driven, increased that amount by
50%. So, I think we have addressed the issue that this amendment was
concerned with alleviating, would ask the body to defeat the amendment.
[SPEAKER CHANGES]Further discussion on the amendment?
[SPEAKER CHANGES]Representative Jordan, please state your purpose.
Thank you Mr. Speaker, I have an inquiry for either the amendment
sponsor, or possible the bill sponsor about this amendment.
[SPEAKER CHANGES]We'll begin with Representative Michaux, does the
gentleman yield.
[SPEAKER CHANGES]Yes sir.
[SPEAKER CHANGES]The gentleman yields.
[SPEAKER CHANGES]Representative Michaux, in my district of Ashe,
Watauga, we have a project that has been going on for a number of years,
the four laning of 221. do you know if your amendment affects that
project?
[SPEAKER CHANGES]I would hope that it would, if you've been on that
since 1989, and nothing has been done, and it's just sitting there.
What this does is, it gives you at least 25 points on that 100 point
scale. You can bring it up and try to get it moved up there. I know
it's a new program, and I know we've been operating under the old
program, but here again, those places that have been disadvantaged by
not moving at all, they ought to have, and have been seriously trying to
get these projects done. They've ought to be given a little bit of a
leg to move up.
[SPEAKER CHANGES]Thank you Representative Michaux. Mr. Speaker of the
House, can I also direct my inquiry to Mr. Brawley?
[SPEAKER CHANGES]Representative Brawley, does you yield?
[SPEAKER CHANGES]I yield.
[SPEAKER CHANGES]The gentleman yields.
[SPEAKER CHANGES]Same question?
[SPEAKER CHANGES]Yes sir, the same question.
[SPEAKER CHANGES]Thank you Representative. I think there's 2 things
that might come to mind that would have direct impact. One, many of the
projects that have been on the PIP for that long, have sever
environmental problems, and that would still be in effect regardless of
the additional points. In those cases that are worthy, and have not
been funded because of political considerations, if we could say the
transition to a data driven evaluation would tend to bring those
projects up, if they're good projects. Having driven 221 in the Ashe
County on more than one occasion, I certainly sympathize with the need
of that road to be fixed, and have often wondered why, and it may be
that there wasn't an objective scale, which you could put your hands on,
that would show you how it was rated.
[SPEAKER CHANGES]Thank you.
[SPEAKER CHANGES]Ladies and Gentlemen, the Chair is happy to extend the
courtesies of the gallery to friends and constituents of mine, from
Mecklenburg county, Elizabeth Pollo, and her son Zander. Please stand
and let us welcome you.
[SPEAKER CHANGES]Sir, please state your purpose.
[SPEAKER CHANGES]To speak on the amendment.
[SPEAKER CHANGES]The gentleman is recognized to debate the amendment.
Thank you Mr. Speaker. Ladies and gentlemen of the House, I hope you do
vote against this amendment. All this new program will do is
re-evaluate every project, make sure it still has the same priority that
it did when it was put on the TIP years ago. Now, let me give you a
prime example in Caldwell County. We had a stretch of Highway 321 that
was a real bottleneck, because we had a very large furniture factory
that was there, and when people would get off of work, there was a rush,
and they couldn't get out. 20 years ago it got put on the TIP plan to
improve the road, to widen it to 4 lanes. This year they're spending
millions of dollars to widen that road to fix the bottleneck. The
problem is, the factor closed down 5 years ago, and there's no more
traffic on the road. That project should have been re-evaluated before
it was ever started. And that's an example of where we're wasting money
on old projects. Had there been a system in place where we could have
re-evaluated these things, we could have made better use of our money
and our limited resources. So lets defeat this amendment, and let every
project be re-evaluated and judged on its own merit.
[SPEAKER CHANGES]Further discussion, further debate on the amendment.
If not, the question before the House is the passage of of the amendment
to the House Committee substitute Number 3 to House Bill 817 sent forth
by Representative Michaux All in favor vote aye, all opposed vote no,
the clerk will open the vote.

The clerk will lot machine record the vote. Forty-three having voted in
the affirmative, seventy-four in the negative. The amendment fails. Now
we're back on the bill. Further discussion, further debate. If not,
Representative Wilkins, please state your purpose. [SPEAKER CHANGES]
Speak on the bill myself. [SPEAKER CHANGES] The gentleman is recognized
to debate the bill. [SPEAKER CHANGES] Thank you Mr. Speaker. Those of
you who were in-appropriations yesterday, my gosh, who else said that?
I've forgotten what day it is. In-appropriations. you heard me voice
concerns about the tension I see in this program. The tension between
urban ares and rural areas and I really do think it exists. I ran an
amendment to try to ease that a bit, that would have brought some money
into play for the RPOs. Appropriations members saw fit to reject that
amendment. Another amendment that made it through appropriations however
changed one of the basic tenets of this entire program. We went into
that room with a forty, forty, twenty split, with twenty percent going
at the division level. From the outset, I thought that was really the
thing that devastated rural areas. As I worked through with
Representative Brawley and Representative Torbett in particular,
Representative Torbett offered an amendment to change that forty, forty,
twenty to forty, thirty, thirty. I think it makes the whole program more
pallet-able and even though I still have reservations and I probably
will have the rest of my days about this urban, rural thing, I will
support the bill. [SPEAKER CHANGES] For what purpose the gentleman from
Dare, Representative Tine, rise? [SPEAKER CHANGES] To debate the bill.
[SPEAKER CHANGES] The member is recognized to debate the bill. [SPEAKER
CHANGES] Thank you very much. First, I'd like to thank the bill
sponsors for all the time that they have spent with me over the last
week or so. It has been significant amount of time because I've had
significant concerns about this bill. And unfortunately I still do have
some, but I've been promised that we're going to continue discussions as
we move through this, through the department of transportation in
developing the final formula which we all will then have a chance to
look at first through the transportation oversight and then of course as
we look into the session next year. But there is a couple of things
that, that I think that I need to point out as we move into that
process. As this is not a democrat, republican bill. This is in my eyes,
this is a rural, urban bill. And we are making some decisions for the
future of North Carolina in regards to how we're going to treat these
two different areas and I hope that we're very cognizant of it. Because
the final formula is not developed yet and I hope we will keep a very
watchful eye on that formula to make sure that we're balancing two
policy, two policy decisions. One in our rural areas, that we're
creating access to those urban areas that need to relief due to
congestion. They need speed to be able to move their goods and to really
capitalize on existing economic assets. But the rural community has an
entirely different approach for why we need transportation. And that is
unlocking untapped assets that exist in the area and that policy needs
to be balanced as we develop this formula inside the department of
transportation. The one thing that I do know, and I need to make sure
that I bring this up because it is part of my district and it's the
people that I represent, is that we're going to be losing two hundred
and sixty-six million dollars in our regional division budget between
how things are right now and the proposed budget, and that comes from
fiscal staff. That's a tremendous amount of money. Everyone loses some
in that comparison. But the two hundred and sixty-six is the biggest
loss. The idea is that you be able to make up in that other forty
percent state bucket. You know, the money that you lose.

you'd be able to compete in that area. So again I'd ask that all of us
in rural areas keep a very watchful eye on how the Department of
Transportation develops the formula in regards to how rural communities
might be able to compete in that state bucket. Unfortunately right now
there are too many questions for me and my district to vote yes for
this bill. I will be voting against it but I appreciate this bill
sponsors' work with me and the continued work and I hope to see more
results on the formula as we move forth. Thank you.
[SPEAKER CHANGES]
For what purpose does the gentleman from Gaston Representative
Bumgardner rise?
[SPEAKER CHANGES]
Debate the bill.
[SPEAKER CHANGES]
The member is recognized to debate the bill.
[SPEAKER CHANGES]
Thank you Mr. Speaker. I have reservations about this bill because this
bill to me is a variation on the theme of we have to pass this to find
out what's in it. We don't know what the criteria is gonna be yet and we
just passed an amendment to say we'll put it online as soon as we can
get it but there's nothing definite about when that'll be. I we've
hashed out a lot of stuff in several committees and I'd like to see
something much more definitive about this one way or the other.
Apparently this is as good as it's gonna get for right now and somebody
else is gonna have to help do something about this if they can. I don't
know but I've done all I can do. So now I have to decide whether to vote
for the Governor's bill or not vote for it.
[SPEAKER CHANGES]
For what purpose does the gentleman from Iredell Representative Brawley
rise?
[SPEAKER CHANGES]
To speak on the bill.
[SPEAKER CHANGES]
The member is recognized to debate the bill.
[SPEAKER CHANGES]
Thank you Mr. Speaker. Ladies and gentlemen I have informed the sponsor
of the bill and the governor that I am opposed to this bill as long as
it has toll roads and the emphasis on toll roads in it. And for that
reason I will be voting against the bill.
[SPEAKER CHANGES]
For what purpose does the gentleman from Vance Representative
Baskerville rise?
[SPEAKER CHANGES]
To debate the bill.
[SPEAKER CHANGES]
The member is recognized to debate the bill.
[SPEAKER CHANGES]
Thank you Mr. Speaker. I echo the sentiment of my colleagues on both
sides of the aisle. I do have some very grave concerns about the formula
and how that impacts rural communities. I would like thank
Representative Brawley for reaching out to me and talking with me about
an amendment that I plan on offering I plan on offering that tomorrow.
What I would like all of my colleagues from both sides of the aisle is
to figure out which highway division you are in. To figure out if within
your highway division there is also an NPO and other rural small
communities and I would just ask that you figure that out by tomorrow
and so when I offer the details of my amendment you can understand how
that's gonna impact your community and you can vote accordingly. I can
appreciate the fact that we are moving towards a data driven process,
taking it out of being manipulated by the political whims tied to
individual projects that might come and go depending on what the
representation is here in the body. I think that's a good idea. But we
do need to know what impact what the data driven impact is on our
communities and I would like to object to a third reading.
[SPEAKER CHANGES]
Representative Baskerville this is a role call bill and there will ???
does the lady from Hertford Representative Mobley rise?
[SPEAKER CHANGES]
Speak to the bill.
[SPEAKER CHANGES]
The member is recognized to debate the bill.
[SPEAKER CHANGES]
To speak on the bill.
[SPEAKER CHANGES]
The member is recognized to debate the bill.
[SPEAKER CHANGES]
Thank you Mr. Speaker. I am rural rural eastern North Carolina and have
you know that despite the attempts for amendments to come, I'm still not
sure how that would affect my area. I just know that we get less of
whatever anybody else gets which makes it a concern of mine and I have
some problems with this because I don't understand fully how it's going
to affect my area other than to say we're gonna get less. I had planned
to object to a third reading to ask some questions but thank you Mr.
Speaker for letting us know it will be heard on tomorrow but I plan to
oppose the bill. Thank you.

enters the shares of these extended currencies of the right to emigrate
from Antioch elementary school from NT is that I'm happy. I think, that
the sale of some of the police if a ?? that testimony to the distant one
purpose as that of a time-highest scenario does recognize the data in a
trade as we did not work items that are one hand, all action beyond
European operations and finance committee is dale hatcher for falling
off questions on and as always. -1 and only agenda is doing instead
riled that the sex offender is not the final answer on the side of the
place, and they all to say that the department of animal acts of us read
and cons of the five serious for most of the autistic, Stephens outside
riders and a generous first this year they have more back from Europe
and the station owners what's so their contact us know his answers
and-start to show she has mild mental state levels and I-and all of the
figure so and by the Schoenholtz the region of these calls about what
our six daytime hours over two years and nine-years which are stable of
last winter, the results of the forms provided 70 eight, of times a
night crawler-earner is ever-operations and infrastructure tile this
isn't outside the disastrous the day before another questions: when what
the life and they are ?? that is beyond my expectations and other so-to
support his staff writer mark all had won and cashed out that window and
the style of six and was always one of the page and all but one last
Friday in the time it another way, sadly, it was not have said, this was
the reason for one, says the 2-21% progress time that the owners to
share-ever has made the wizards of the-beltway hall on whether some time
and others have the data show a more serious some reservations about the
shutdown: than that, and sometimes launch over the last may after two
weeks of life at the heart of the issue of the national shock wave from
the ship ½ as much an issue of concessions to rehire some Irish of a
dollar of the anti-fascist and the mail some sort of function of the
cumbersome and the others, as a whole other projects that we I'm on a
former chief of the shares may actually have a better time to have an
abortion issue of esquire and then that might have on the other
times-a-center of a short-dated, foliage and the national opposition for
time there are plenty others that would that the devils if it weren't
for Jones some context of all time, the lake was used for example , and
the hills for the gentle: in one way of life forms phone Japan, 7¢ when
the west must RE-and there are pockets were chapels when the call for a
time north Carolinians for the data files was fortunate Davis in certain
sections were stagnant, here and lie detector that I'm sending you a one
billion dollars in your ??.....

One billion dollars a year, which is a significant percentage of the
statewide tourism intake. To continue that and to continue to foster
that and develop that, we are going to need projects that we just aren’t
quite going to be able to afford on our own. So I believe that we have
to remain on a project-by-project basis. We have to be open to tolls as
well. Tolls are not a bad thing. Private public partnerships are not a
bad thing. In an era of dwindling resources and fewer options to recoup
the revenue losses that we have experienced in the Department of
Transportation, through the Department of Transportation and others, we
have to look at other options. We have to be open. I believe that this
plan does that. Now it took a sell job on me to do this, believe me. I
was resistant and had more people in my office and me in their office in
the last month than one can imagine. But in the final analysis, in
looking at all of these people, I had to say to myself, are all of these
people that you’re talking to in these very lofty positions, are each
and every one of these individuals lying? Are they all saying something
that is not true? Are they going to, after this thing is done, are they
going to just say sorry guys and gals, this isn’t really what’s going to
happen. I don’t believe that. Just like many times in committee and on
this House floor, we have to trust in our fellow legislators on things
that we might perhaps not be so well informed about. Trust. Trust. When
I was speaking with these individuals, I got the impression that they
were being sincere and this was either the greatest hoax in the history
of the legislature or it’s a brilliant plan. And I believe that this
plan is going to do more for us, all of us, even in the rural areas,
than ever would have been done under the formulas. So today, I have made
the decision that I am going to not only support this bill but I am
going to enthusiastically support this bill. And I encourage you folks
to please consider doing so also. Thank you. [SPEAKER CHANGES] For what
purpose does the lady from Forsythe, Representative Terry rise? [SPEAKER
CHANGES] To debate the bill, Mr. Speaker. [SPEAKER CHANGES] Member is
recognized to debate the bill. [SPEAKER CHANGES] Thank you very much. I
rise to speak about this bill from a perspective that has been spoken
about by all of the other persons who preceded me. However, the
challenge in my view, is that we look at this bill in terms of the
future. A visionary of concept that puts transportation in a regional
perspective. I am from region, I am from District 9, whatever the,
that’s my district. We have some wonderful transportation projects that
are on board. It’s urban. And I listen to those persons who are from the
rural areas, feeling very much put upon that theirs are not going to be
properly considered. But I must say to you that transportation and
logistics and commerce and jobs really don’t have the, you’ve got to
look at the metrics and you’ve also got to look at this thing from a
regional perspective. And I think that the emerging things that are
happening in society require that we do take a different approach. And
therefore, I do not see urban, I do not see rural because I see the
urban enhancing the rural through innovation technology and what
transportation planners, engineers, and people who understand this stuff
can do to help us connect these things. We can, we, I’ve learned for
example about the opportunities that are available because of what’s
going to be happening in the future with regards to the waterways and
how big ships can come in and help us move stuff and how trucks can come
in and help get those moved even further. Jobs will be available for
urban and rural if we can come out of the box, look at metrics, and
examine things from a perspective that is objective

...not we, not our, not you roar. I support this.
The Speaker Pro Tempore: For what purpose does the gentleman from Wake,
Representative Dollar, rise?
Rep. Dollar: To debate the amendment.
The Speaker Pro Tempore: The bill. The gentleman is recognized to debate
the bill.
Rep. Dollar: Thank you, Mr. Speaker.
Members of the House. This is historic legislation. Years ago the state
adopted a farm-to-market road plan, and we began, at that time, to
develop one of the largest -- at that time the largest -- network of
state-maintained roads in the country. And that has served North
Carolina extremely well over the years. But it's had to change over the
years, as well; we've had a number of programs. Of course, the
interstate program came in.
I remember, a number of years ago, with Governor Martin's program that
he did with the legislature, the Highway Trust Fund, which was very
innovative. A goal of that was to bring 90% of the state's population
within ten miles of a four-lane road. It was a very successful program.
There have been a number of other innovations in the intervening years
to try to maximize our financing. Obviously, most recently, the Mobility
Fund a few years ago, which is, this very day, finishing up one of the
most critical projects in the state, which was the Yadkin River bridge
fix.
Folks, this bill, the governors bill, breaks down the silos. It is, once
again, North Carolina leading in the realm of transportation. It's going
to help our economy all across the state. It's going to mean,
particularly for a number of rural areas, that you're going to be able
to do longer, bigger, more ambitious projects at one time, instead of
having to piecemeal, decade after decade, to finally get something that
really works, an artery that actually works.
I think the Governor should be commended for his leadership. I think the
sponsors of the bill should be commended for all of the hard work
they've put into this bill. It is truly a strategic transportation bill,
and I truly believe that this will once again make North Carolina the
Good Road State, and I commend the bill to you.
The Speaker Pro Tempore: For what purpose does the gentleman from
Mecklenburg, Representative Alexander, rise?
Rep. Alexxander: To speak on the bill.
The Speaker Pro Tempore: The Member has the floor to debate the bill.
Rep. Alexander: Thank you, Mr. Speaker.
Curtis Scott is not in the Governor's Mansion.
Governor McCrory is in the Governor's Mansion, and he has brought to us
a vision of changing some transportation priorities. Let me also remind
you that North Carolina has changed. Between 55 and 60% of our state's
population happens to be concentrated in 15 counties.
Let me say that again. Between 55 and 60% of our state's population
happens to be in 15 counties. Whether you like it or not, those counties
are the nexis of congestion.
Let me tell you about my district. Two of the state's most highly
traveled and congested highways happen to go through it. One of them,
I-77, is the subject of congestion so bad, twice a day, that you could
actually walk faster than the traffic is moving through my district. And
if you don't believe it, I invite you to come and try it.
A number of you, when you travel from Raleigh back to your homes, go
through my district. You travel along I-85, and like I-77, at least
twice a day there are parts of I-85 that a horse and buggy can move
faster along, than the traffic -- a horse and buggy walking. That's
congestion, ladies and gentlemen.
And because we have all been elected to come up here and not look at the
past...

[Speaker changes.]...but to look toward the future while trying to
figure out how to solve things collectively in the present, I submit to
you that this bill, though it is not the best thing since sliced bread,
this bill is a step in the right direction because it seems to be that
it's kind of strange that if we had a formula that tilted the playing
field toward those parts of North Carolina where the minority of our
population is livin'...and that's pretty much the formula that we've
experienced up to this point...that, at the point that we start talkin'
about changing the formula and looking forward, everybody...well, not
everybody, but a number of folks start getting little nervous. Ya'know,
I went to a number of committees, Mister Speaker and ladies and
gentlemen today, and one of the themes that I heard as I went from
committee to committee was some kind of tussle between rural and urban
and I wanna repeat something that I said in one of those committees.
Whether you live in Bear County or in Mecklinburg County, you are
citizen of North Carolina, and if you travel on the state's roads, you
deserve to be able to travel effectively, whether you are traveling
around Asheville or whether you are travellin' around Wake County, and
the way to be able to do that in the twenty-first, not the twentieth and
definitely not the nineteenth but in the twenty-first century, is to
change the formula, face firmly toward the future, and embrace it. I
commend this bill to ya' and I plan to vote for it.
[Speaker changes.] For what purpose does the gentleman from Iredale,
Representative Brawley, rise?
[Speaker changes.] Thank you, Mister Speaker. Could I ask Representative
Jeter a question?
[Speaker changes.] Does the gentleman from Mecklenburg yield to the
gentleman from Iredale?
[Speaker changes.] I yield.
[Speaker changes.] He yields to the question.
[Speaker changes.] Representative Jeter, does...do toll roads effect the
cost of trucking?
[Speaker changes.] Anything that adds to the cost of transiting our road
system, adds to the cost of trucking.
[Speaker changes.] Thank you. Speak on the bill?
[Speaker changes.] Member's recognized to debate the bill a second time.
[Speaker changes.] This is stated. My objection to this bill is the
toll roads. The bill itself...I agree with the formula, I think the
Governor and his people have done an excellent job but toll roads will
increase the cost...they won't just be paid by the people from out of
state. I've already had one of our major employers in North Carolina
talk to me about the concerns they have if we go statewide with toll
roads. It will increase the cost of trucking. It will increase the cost
of travel for everybody and, well, you know my opposition to toll roads.
[Speaker changes.] Mister Speaker?
[Speaker changes.] For what purpose does the gentleman from Wake,
Representative Stam rise?
[Speaker changes.] To see if Representative Jeter would yield to a
question.
[Speaker changes.] Does the gentleman from Mecklenburg yield to his seat
mate?
[Speaker changes.]I'm so happy to be this popular and I proudly yield!
[Speaker changes.] He yields.
[Speaker changes.] Representative Jeter, what advantages for trucking do
toll roads entail?
[Speaker changes.] The advantages of toll roads for trucking, especially
when you're dealing with manage lane concepts, is that it allows for
trucks to get to a point A/point B quicker, without the congestion. The
worst thing for trucks is to sit still and idle. It's worse for our
economy, it's worse for our environment...I mean it is the worse thing
that we can do. So tolls in and of themselves are not bad. Does it
increase the direct cost? Probably but it does decrease the time travel,
it does decrease a lot of things that are beneficial to trucking. To say
that tolls are inherently bad for trucking, I don't think is a fair
assessment, in my opinion.
[Speaker changes.] For what purpose does the gentleman from Nash,
Representative Collins rise?
[Speaker changes.] ????? to debate the bill.
[Speaker changes.] Member is recognized to debate the bill.
[Speaker changes.] Folks, I live on the other end of the Northeast
Outback, that Representative Tine was speaking about. He lives on the
far eastern end of it, I live on the far western end of it. A couple of
weeks ago, frankly, I really had been prepared to oppose this bill...by
a lot of people who were talking to me about it from my area...but I was
able to, in Finance, ask a number of questions that caused me to begin
to change my opinion of the bill. For one thing, I'm glad to see that
this bill is finally, hopefully gonna take, as much as we can, the
politics out of road projects. I feel like, frankly, my area has b.....
[Speaker changes.]

Hurt in some cases by getting road projects that we did not need, that
were very popular with certain folks who had pull with the Department of
Transportation locally, but which probably hurt us because they stopped
area wide projects that would have been much economically beneficial to
us. I asked a specific question in finance the other day, about what I
think would be the best thing that could happen to the eastern half of
North Carolina, even though the closest part of this would be an hour
from me. That is something I've heard Secretary Trockfur speak about a
number of times and a number of you have. If we can get a very short
rail spur built to the GTP and improve highway 70 from Kentston to
Moorehead City, we could greatly improve and increase the business at
our deep water port, which I think is the first or second deepest port
on the east coast, and would turn the GTP from a tax payer sinkhole, to
an economic driver for all of eastern North Carolina that would
certainly help Rocky Mountain, even though we're 50 miles from Kentston.
I asked what kind of project would that be considered, and they said
that would be a statewide project and would hit the highest category,
the 40%, despite the fact that its going through some pretty sparsely
populated areas in some cases. I would love to see projects like that
built, but as long as we're going area by area, almost town by town,
city by city, I want my little project, you want yours, we'll never see
things like that happen. I am much more in favor of projects being done
like this, on a logical basis where they actually help our economy. And
as far as tolls are concerted, let me just say this. I don't think, and
somebody can correct me if I'm mistaken, don't think this bill
specifically says anything about automatically tolling roads or
whatever. It does give us a little bit of help in that for a toll to be
approved, if I read this thing correctly, on an existing highway, the ??
and the ?? have to approve it, which at least means some local
government officials will have an input. But I've got a bill, House bill
267 that will fix this problem and I've vetted it through DOT and
they're not opposed to it. So if you want to know how we're going to fix
that, come to transportation tomorrow or else just vote for the bill
when it hits the floor next week, and let's support this bill as well.
Thank you.
[SPEAKER CHANGES]
What purpose does the gentleman from Gaston, Representative Turpet rise?
[SPEAKER CHANGES]
To speak on the bill, Mr. Speaker.
[SPEAKER CHANGES]
The members recognize to debate the bill.
[SPEAKER CHANGES]
Thank you Mr. Speaker. Ladies and gentlemen of the House, I was not
going to say anything, but I decided I would, which is probably the
worst thing I ever decided. There is a tremendous lot of things in this
bill that I don't like. I don't like it at all. Zero, zilch. I just
don't like. However, and I wish Representative Porm was here, I think
one of his people that he follows, he mentions off in quotes is
Churchill, is that this is the worst, something and I'll paraphrase,
this is the worst plan there is, except for all the rest of them. The
one that we have now isn't working. It isn't working. Revenues are on a
steady decline. If we don't want roads repaired, you don't want roads
built, you don't want access to more economic opportunities or job
development, then keep the plan we're on, if you don't want all that. If
you don't want growth, if you don't want the additional impact it has,
positive impact it has to your cities and counties and towns and the
like, keep the plan we're on, because it's failing. It's absolutely
failing, and it will continue to fail until we have enough hootzbah to
change it. This is what the Governor has presented. This is what the
Department of Transportation has advised the Governor to present, and
I'll close again with I'm still unsatisfied with this plan, so let me
encourage you with this. It's the one we have, let's move it and I'll
even charge you with this if I may. During the interim, oversight
committees will be working. They'll be input, they'll be recording back
from the department. Be apart of it. Stay involved. Offer suggestions.
We have to find a way to enhance and replace the revenue that we're
losing. We want to continue building roads, and I for one, and I'm sure
everyone in here, our ears are wide open, if you have positive input,
positive comment ideas, suggestions, please feel free to bring them
forward and all of them will be on the table. All of them will be looked
at and focused on, and see if together we can work as a team to help get
the transportation needs of North Carolina's citizens back to the
forefront, and I'll close with that. Thank you Mr. Speaker.
[SPEAKER CHANGES]
Representative Bumgardner, please state your purpose.
[SPEAKER CHANGES]
Debate the bill.
[SPEAKER CHANGES]
The gentleman is recognized to debate the bill.
[SPEAKER CHANGES]
Thank you Mr. Speaker. I would like to say a couple of things in closing
here. One, I totally agree with what Representative Steinburg said, and
I believe him when he said that the DOT told him they had a better
chance.

?? getting their project built with this bill, because I spent the last
weekend looking at it and as far as I can tell he's exactly right about
it. Whoever told him that is right about it. And it's that way on
purpose. And to me, a toll road is a way of building something that you
can't really afford. It's like having a credit card. You're going to
sell some bonds right now for some money to build a road that you really
can't afford and then pay for it later by collecting tolls. That's what
a toll road is and does. I don't like the fact that we're going down
this road of building toll roads all over North Carolina. We're going to
turn our state into the New Jersey of the southeast, and I think that's
a mistake.
[SPEAKER CHANGES] Representative Brawley, please state your purpose.
[SPEAKER CHANGES] To speak a second time on the bill.
[SPEAKER CHANGES] The gentleman is recognized to debate the bill a
second time.
[SPEAKER CHANGES] Thank you, Mr. Speaker. We've heard a lot of talk
about tolls, and this is not a toll road bill. There is some permissive
language in here on toll, and there are some possibilities of doing a
few, limited number of toll projects to bring money from public-private
partnerships to build roads that otherwise will not be built. This is
not a choice of, "We're going to take your road away from you and
turn it into a toll road," this is, "Is a toll road better
than no road?" And as far as the tolling of existing roads, I
firmly support Representative Collins' bill--I am a co-sponsor of it.
But what this really does is prioritize the spending on roads for the
greatest benefit of the state as a whole. The idea that 40% of the money
on state projects, it's about connectivity. It's not cities get lots of
money, because cities need workers. And there are lots of workers in
rural areas with high rates of unemployment that need jobs. People that
would a half an hour or forty-five minutes away from an urban center
that needs workers if they had a good road, a four-lane road, maybe not
an interstate, but certainly better than a two-lane road with occasional
stop signs, and get a job. Those same people, if that two-lane road is
the only road they have, have an hour and a half commute each way, and
it's hard for them to get a job. Counties like Anson and Stanly close to
Charlotte, lose population because there's not a good road. Hickory has
trouble because they need more good roads. But a good road has to go
somewhere. Connectivity is the difference in the evaluation now. That's
the way we're going to build more jobs. That's going to benefit everyone
represented by all the members of this body present today. I ask for
your support on this bill.
[SPEAKER CHANGES] Further discussion, further debate? If not the
question before the House is the passage of the House committee
substitute number 3 to House Bill 817 as amended on its second reading.
All in favor vote aye, all opposed vote no. The clerk will open the
vote. The clerk will let the machine record the vote. 95 having voted in
the affirmative, 23 in the negative, the House committee substitute
number 3 to House Bill 817 as amended has passed its second reading and
without objection....
[SPEAKER CHANGES] Mr. Speaker.
[SPEAKER CHANGES] Yeah. The Chair stands corrected. It will remain on
the calendar. It is a roll call vote.
[SPEAKER CHANGES] Mr. Speaker.
[SPEAKER CHANGES] Representative Fisher, please state your purpose.
[SPEAKER CHANGES] Thank you, Mr. Speaker. I would like to be recorded as
having voted aye.
[SPEAKER CHANGES] The lady will be recorded as having voted aye.
[SPEAKER CHANGES] Mr. Speaker.
[SPEAKER CHANGES] Representative Adams, please state your purpose.
[SPEAKER CHANGES] Yes, I would like to be recorded aye on House Bill 9.
[SPEAKER CHANGES] On House Bill 9. The lady will be recorded as having
voted aye. House Bill 101, the clerk will read.
[SPEAKER CHANGES] House Bill 101, a bill to be entitled "An Act to
Repeal the Estate Tax." General Assembly of North Carolina, enacts.
[SPEAKER CHANGES] Representative Martin, please state your purpose.
[SPEAKER CHANGES] To ??

Bill.
[SPEAKER CHANGES]
The lady is recognized to debate the bill.
[SPEAKER CHANGES]
Thank you mister Speaker. Members of the House, we had a great debate on
this bill yesterday. There were a few questions raised and I hope you
have taken good advantage of the time that you have had to read the
handout that I have provided to you, which is from the North Carolina
State Grange and the North Carolina Farm Bureau with some additional
statistics about how our family farmers really are big business for this
state and are a ten billion dollar industry, those who would be impacted
by this. Additionally, I had some information from staff that in the
past year, and the timing on this, there's nine month gap from when
someone dies and is required to report on this tax which is why it is
often called a death tax. So these are deceased in 2011, so paid in
2012, but it's a little different than just your standard income tax. A
hundred and seventeen estates were impacted but we did not have the
information to tell if they were a family business or a family farm, but
it is not twenty three families. And just to be perfectly clear, we are
not giving these people anything. We are just not taking what is
rightfully theirs to this date. And again, we are the only South Eastern
state that continues to have an estate tax. We need to be more
competitive and I urge you to support this bill. Thank you.
[SPEAKER CHANGES]
Representative Queen, please state your purpose.
[SPEAKER CHANGES]
To speak on the bill.
[SPEAKER CHANGES]
The gentleman is recognized to debate the bill.
[SPEAKER CHANGES]
I do appreciate the, Representative Martin getting us some figures here.
I will point out that we, we just don't know, evidently, which of the
estates were farmers which was, again, my point. I know of, I can't
recall of a, a farm that has been liquidated because of this estate tax.
To point out again, this is a couple, so you get five point two million
each. A couple, which is an estate, ??, a man and a wife, it's their
property that is passed on after both have deceased. So it's, it's about
one couple per every thousand citizens that die that even come close to
this threshold of being taxed. Because you start, we talk about
fairness, and this is unfair to tax somebody, they get the first ten
point four million of their estate that is being passed on tax free, so
when their recipients, their family, start to consider how to deal with
the farm, they have ten point four million dollars of assets free and
clear right up front. So, I, to say this is a family farm issue is still
to be determined, because if it is, it is a very small handful. I mean,
literally a handful of people across the state, because there are lots
of options that estate planning can do, and if you're in this realm of
the wealthiest citizens in the state, whether you're farming or small
business or just a personal investor or whatever, you have lots of
resources to help you deal with your estate appropriately. So this is
just a loss of revenue to the state of North Carolina, the, and again
and this last year it was seventy nine million I think? So it varies a
little bit, this is a very small number of people. They estimate it
might be forty this coming year. A very small number of people but it
involved with a very large amount of wealth that just simply needs to
pay their taxes like everybody else. What's fair for working people year
by year is fair for wealthy people whenever it becomes their turn to pay
their taxes. So I encourage you to protect North Carolina's effort to
make a adequate and equitable modernization of our revenue streams and
not pass this independently, but keep it in the mix, and see if you
really want to give away seventy nine million dollars to the richest
handful of people in our state each year. So I urge you to vote against
this bill. Thank you.
[SPEAKER CHANGES]
Representative Dollar, please state your purpose.
[SPEAKER CHANGES]
To speak on the bill.
[SPEAKER CHANGES]
The gentleman is recognized to debate the bill.

I hope the gentlemen is not suggesting that he wants more people to die
so we can have more people with the state problem here. And I also want
to point out something else that most of the times at least around my
part of the world, you know, you don’t wear two pants, you know husband
and wife dying at the same time. You know it’s one at a time. I want to
get to something more important and that’s this. Farmed [??] and state
Grange, I think these are pretty much recognized groups in our state.
Every other farm group that I have ever been around in my travel all
over the state. I mean I would wonder if the nursery people up there
in the mountains the Christmas tree farming people up there in the
mountains would also be able to pass along to the next generation their
family farms. This piece of legislation is one of the best things that
we would have done to preserve family farms in the state of North
Carolina in Decades. So, I would certainly urge your support and if you
have any questions, any lingering questions down the road, I would be
sure to send out the invitation. And to every one here next march the
first Monday at 7 ‘o clock you can come to Pam’s farmhouse see some real
farmers and they would thank you for passing this legislation
[Speaker Changes] Representative Goodman please state your purpose
[Speaker Changes] To speak on the bill
[Speaker Changes] Gentlemen is recognized to speak on the bill
[Speaker Changes] Thank you Mr. Speaker. Ladies and Gentleman of the
house. I have been thinking about this and I hesitate to get up and
speak on a tax issue. But from a different perspective if there are 24
families in North Carolina that are in class II out of 117. But question
that keeps cropping up in my mind is that how many would be there here
if we didn’t have the state tax. How many wealthy families choose to
live in South Carolina, Tennessee places that do not have this state tax
because we have it here? If they were they would add to our economy,
they would spend money and they would pay taxes while they were allowed
and perhaps benefit all of us. I plan to vote for this bill. I think
sometimes when you play a zero sum game on things like this Math is not
quite what you think it is.
[Speaker Changes] Representative Alexander, Please state your purpose
[Speaker Changes] To make a motion to speak on a motion
[Speaker Changes] The gentlemen may state the motion
[Speaker Changes] To refer the bill to the committee on appropriations
and to speak at the reason why I make that motion. There seems to be
some debate on the issue of how many people are covered by the state tax
and whether we are talking about 50 million or more. And it seems to me
that they are at this point enough short falls in our revenue picture
for this bill to take a dip in to appropriations. For them to take a
decision or to consider exactly how this may play out in terms of our
budgeting considerations Speaker
[Speaker Changes] Mr. Speaker
[Speaker Changes] Representative Moffitt Please state your purpose
[Speaker Changes] Want to make a motion in higher precedence
[Speaker Changes] Gentlemen may state his position
[Speaker Changes] I move we remove the previous question
[Speaker Changes] The gentlemen is one of the primary sponsors. The
chair understands that is in order form one of the sponsors of the bill.
It is a motion of higher precedence which would render the motions set
forth by Rep Alexander invalid if we take this up unless there is an
objection to the third reading in which case it can be raised again.
[Speaker Changes] Mr. Speaker
[Speaker Changes] Rep Luebke. Let the chair finish and I would come to
you. At his point, the motion is for the question motion. That is a non
debatable motion by rule there will be three minutes after the vote
before we take the vote on the bill, this gentlemen have a enquiry of
the chair.
[Speaker Changes] Yes sir I have an enquiry on the chair
[Speaker Changes] The gentlemen may say his enquiry
[Speaker Changes] Mr. Speaker. I do not believe I am asking you to check
with the clerk on the motion from Rep Alexander was in fact recognized
by you and put on the board. He spoke he was only. It said on the board
he was in third reading
[Speaker Changes] I actually asked the member

Speaker: To status motion i did not recognize for the motion and would
like to go to that process and then get to exactly the same place about
30 seconds if Representative Alexander would prefer that Representative
?? will happy to do that Representative Alexander what is your wish, The
gentlemen is not wished to so we are back then.So the questions before
the house is the motions made by Representative ?? to move the previous
question all members in favor vote aye all oppose vote no the clerk will
open the vote,the clerk allot machine will record the vote 74 have voted
in the affirmative 43 in the negative .Th emotions passes ladies and
gentlemen the house Representative Holly did spoke with she indicated
that she was OK ?? absolutely certain that her vote no got recorded and
by it all got recorded ,
Speaker Changes: By moment we got 3 minute allocation to minority later
and majority later Representative ?? recognized to period to not exceed
three minutes,
Speaker Changes: Thank you Mr.Speaker i wont take full three minutes on
this at this time in I'm looking at gaining Representative ?? not
designate to take my time so I'll do this again ii spoke on this
yesterday worried about farms and North Carolina being loses and
primary concern of probably 5300 farms in North Carolina we have that
have been one that has reported ?? result of not having this change in
the tax code so i don't care your ?? what you call that but aging the
issue remains as we move towards in reformation of our tax code with
taking certain items of the table preferred groups telling rest of the
North Carolinian you have the ?? the load so as you take the ?? 53
million dollars to take out of our budget the question is where do you
make it up thank you,
Speaker Changes: The chair understands that Representative ?? has yield
to Representative ?? not to exceed thank you Mr.Speaker and members of
the house this is a good bill and let me just address i wanted to say ??
this is a give away first of all this is not a give away these are
assets this is property people have acquired after a lifetime of work
during which they paid their income taxes on their earning their
property taxes on this property all along through this is not giving
someone what is it theirs so that is totally false let me address this
is ?? 23 families this is one i always ?? statistics of the other side
but one reason and is big reason that this bill will repeal the state
tax is if makes no economic sense because we all of the money people
send structure their pairs they they don't pay the taxes and if it is 23
that 23 people didn't plan and didn't pay an attorney or accountant and
army of them to make a family limited partnership to help family farms
or closely held business and after jumped away from ?? give away some
assets this year started something transfer some of your property into
it and all of these make no economic sense they are put in restrictions
on capital that ?? better to use if you didn't have this owners tax and
that's the reason that you only fix a few is because those few don't
plan and we should not have a tax regiment that brings in so little
relative to this state but cost people so much even if is more it cost
more people that tries to bring this tax and avoid people ?? and that
does not make economic sense and if we repel this we can unleash
economic activity that does help those people from the bottom i urge you
to vote yes,
Speaker Changes: The question for the house is that the question for the
house is that,

Passage of House bill 101 on its third reading. All in favor vote aye,
all opposed vote no. The clerk will open the vote. The clerk will let
the machine record the vote. 83 having voted the affirmative, 36 in the
negative. House bill 101 has passed its third reading. The bill will be
sent to the Senate. House bill 585 the clerk will read.
[SPEAKER CHANGES]
Committee substitute for House bill 585 the bill to be titled an act to
provide that all correctional facilities, juvenile facilities and local
confinement facilities in this state shall comply with the provisions of
the federal prison rape elimination act. General assembly of North
Carolina enacts.
[SPEAKER CHANGES]
Representative Moore please state your purpose.
[SPEAKER CHANGES]
To debate the bill.
[SPEAKER CHANGES]
The gentleman’s recognized to debate the bill.
[SPEAKER CHANGES]
Mr. Speaker, members of the house we had a good vote on this bill
yesterday. Representative ?? explained it I think thoroughly. It passed
by 117 to 0, we’d urge the bodies continued support. Thank you.
[SPEAKER CHANGES]
Representative Richardson please state your purpose.
[SPEAKER CHANGES]
I would like to change my vote on House bill 101 Mr. Speaker to a no.
[SPEAKER CHANGES]
The lady will be recorded as having voted no. Further discussion,
further debate on House bill 585. If not the question before the House
is the passage of the House committee substitute to House bill 585 on
its third, as amended on its third reading. All in favor vote aye, all
opposed vote no. The clerk will open the vote. The clerk will let the
machine record the vote. 116 having voted affirmative, none in the
negative the House Committee substitute to House bill 585 as amended has
passed its third reading. The bill will be engrossed and sent to the
Senate. House bill 60 the Clerk will read.
[SPEAKER CHANGES]
Mr. Speaker.
[SPEAKER CHANGES]
The clerk will yield. Representative Howard please state your purpose.
[SPEAKER CHANGES]
A motion subject to the counter.
[SPEAKER CHANGES]
The lady may state her motion.
[SPEAKER CHANGES]
I’d like to move that House bill 60 be rescheduled for Wednesday May the
15th.
[SPEAKER CHANGES]
That objection so ordered. House bill 357 the clerk will read.
[SPEAKER CHANGES]
Committee substitute for House bill 357, a bill to be implanted on
acting increase citizen oversight and to make other consolidations and
improvements to the governments of the state retirement systems and
improve transparent by ensuring that all retirement plans administered
by the department of the State Treasurer are overseen by a board of
trustees. General assembly of North Carolina enacts.
[SPEAKER CHANGES]
Representative Moffitt please state your purpose.
[SPEAKER CHANGES]
Explain the bill.
[SPEAKER CHANGES]
The gentleman is recognized to debate the bill.
[SPEAKER CHANGES]
Thank you Mr. Speaker. Members this bill and the next bill are both
agency bills. They are both very technical in nature. They’re only
slightly more entertaining than the general statute technical bills that
come through here on occasion. A couple of words that I will be using,
one will be TEASERS, it’s an acronym for the teachers and state employee
retirement system as well as LGERS which is the local government
employee retirement system as I explain this bill. Mr. Speaker. In the
unlikely event I get asked a question I’d like staff to be available.
[SPEAKER CHANGES]
Gentleman may have staff available as needed.
[SPEAKER CHANGES]
Thank you. Section one; clarify the role the supplemental retirement
board of trustees. The supplemental retirement system is the system that
deals with the 403D, the 401K and the 457 plan. The clarification does
not change the existing structure. It simply consolidates the statutory
government’s provisions into one location. There is also an extension
granted to this board of trustees which exempts them from the state
purchase contract law which is currently enjoyed by the managers of the
other pension systems. In section two this deals with the governments of
the registrar DEETS pension fund. Instead of having that directly
overseen by the treasurer and in order to promote transparency is
actually going to be, the oversight is going to be sent to the LGERS
board of trustees. In section three the governess of the National Guard
pension fund will be transferred from the treasurer to the TEASERS
board. Section four is regarding the board of participation by the
National Guard, they will be granted a seat on the TEASERS board and the
firefighters and rescue squad will be granted a seat on the LGERS board.
Section five deals will immunity from civil liability for the
supplemental retirement system board of trustees. And section six deals
with the governess of the legislative.

retire, retirement system. I'd appreciate your support.
[SPEAKER CHANGES] Representative Holley, please state your purpose.
[SPEAKER CHANGES] Speak to the bill.
[SPEAKER CHANGES] The lady is recognized to-
[SPEAKER CHANGES] First I want everybody to know I'm okay and thank you
for your concern. But I have a question.
[SPEAKER CHANGES] The lady is recognized to debate the bill. Bill, I
have a question for the bill.
[SPEAKER CHANGES] Representative Moffitt, does the gentleman yield?
[SPEAKER CHANGES] I yield.
[SPEAKER CHANGES] The gentleman yields.
[SPEAKER CHANGES] Representative Moffitt, is this bill, when they
determine the vendor that they're going to use, is this done through a
bidding process? You know we were, we spoke about this earlier today,
about in this bill, that they were going to make a selection of someone
to do a piece of this and, and to determine the retirement. Will that be
done through a bidding process?
[SPEAKER CHANGES] It is. There will be.
[SPEAKER CHANGES] Alright, thank you.
[SPEAKER CHANGES] Further discussion, further debate? If not, the
question before the House is the passage of the House Committee
substitute to House Bill 357 on its second reading. All in favor vote
aye. All opposed vote no. The clerk will open the vote. All members
wishing to record, please do so at this time. Representative Warren. You
could speak with Representative Hastings about that. Clerk will op
machine record the vote. 118 having voted in the affirmative, none in
the negative, House Committee substitute number two to House Bill 357
has passed its second reading and, without objection, will be read a
third time .
[SPEAKER CHANGES] General assembly of North Carolina enacts.
[SPEAKER CHANGES] Further discussion, further debate? If not, the
question before the House is the passage of the House Committee
substitute to House Bill 357 on its third reading. All in favor say aye.
All opposed say no. The ayes have it. The House Committee substitute for
House Bill 357 has passed its third reading and will be sent to the
Senate. House Bill 358 the clerk will read.
[SPEAKER CHANGES] Committee substitute for House Bill 358, a bill to be
entitled An Act to Make Technical and Conforming Changes to the Statutes
Affecting the State Retirement System. General assembly of North
Carolina enacts.
[SPEAKER CHANGES] Representative Moffitt, please state your purpose.
[SPEAKER CHANGES] To explain the bill.
[SPEAKER CHANGES] The gentleman is recognized to debate the bill.
[SPEAKER CHANGES] Thank you Mr. Speaker. Members, these technical
corrections are needed to conform to the IRS code. Section one removes
the contribution restrictions on law enforcement officers that currently
conflict with the Internal Revenue Code. Section two aims to conform and
update the states military service provisions to federal law with
respect to granting of service credit for periods of involuntary
military service. Section three defines membership service. This section
expands the definition of membership service in the state system and the
local system to include membership service transferred from a sister
North Carolina retirement system. Section four defines retirement. This
section aligns the definition of retirement for the state, local and
judicial retirement system, and aligns it properly with IRS
regulations. Section five clarifies the ORP enrollment may be
electronic. Section six is clarification of reimbursement for health
coverage. Essentially what this means is that this clarifies the statute
governing the retirement system's responsibility to reimburse employers
for Health Plan premiums. It does not change current practice. Section
seven clarifies the reimbursement to employers for Health Care premiums.
Section eight deals with the improper receipt of a decedents disability
income plan allowance. Section nine deals with the improper receipt of a
decedents disability income plan allowance. And essentially what that
does is what is, it's currently referred to in statute that it only
applies to retirees. But the treasurer noted that you can be on
disability and not be retired, so the same penalties would apply to
someone who's inappropriately received that income. Section ten is the
eligibility clarification for line of duty death benefits. And section
eleven refers to the felony forfeiture statutory reference, and its a
correction there, that, to a statute that we passed in last [biennium?]
session. I'd appreciate your support.
[SPEAKER CHANGES] Further discussion, Further debate? If not, the
question before the House is the passage of the House Committee
substitute to House Bill 358 on its second reading. All in favor vote
aye. All opposed vote no. The clerk will open the vote.

All members wishing to record please do so this time. Representative
McGrady. House clerk would lock the machine for vote. 118 having voted
in the affirmative none in the negative. House bill 358 house committee
substitute has passed the second reading without objection would be read
for the third time.
[Speaker Changes] [??] North Carolina now
[Speaker Changes] Further discussion further debate. If not the question
before the house is the passage of the house committee substitute house
bill 358 on its third reading. All in favor say Aye and all oppose say
No. The Ayes have it. The house committee substitute house bill 358
passes third reading and would be sent to the senate. Representative
Robert Brawley . Please state your prose
[Speaker Changes]Point of order
[Speaker Changes] The gentlemen may state his point
[Speaker Changes] Mr. Speaker. We in the insurance committee already
know that the insurance companies have requested an 80% increase in the
insurance premium for January 2014. The house bill the next bill 609
effective date was put off for one year in order to give the local
municipality and counties a chance to prepare for the increase in
insurance premiums. Therefore I would ask our rules 38B and general
statute 120-30-45 so that this bill will not go to finance
[Speaker Changes] The house believes
[Speaker Changes] Rep Brawley in consultation with the rules chair and
Rep Howard, the senior finance chair, the chair does not believe that
the rules that you have referred and therefore it would be on the
calendar unless there is a motion made by some member to dispose of it
differently. House bill 609 the clerk will read
[Speaker Changes] House committee substitute number 2 for House bill
609, a bill that have enacted relating to health benefit plan covered
for orally administered anti capture drugs. [??] North Carolina next.
[Speaker Changes] Mr. Speaker we would ask that the particular bill be
skipped just temporarily displaced pleased. The bill will be temporarily
displaced. The chair also understand from Rep Pressnell is the lady
ready to take up House bill 628. House bill 628 clerk will read
[Speaker Changes] Committee substitute for house bill 628. A bill to
entitle and act to protect North Carolina [??] by requiring that
sustainable billing stamps does not disadvantage or prohibit the use of
bill that is produced in the state. [??] North Carolina enacts.
[Speaker Changes] Rep Pressnell please state your purpose
[Speaker Changes] To speak on the bill
[Speaker Changes] The lady is recognized to debate the bill
[Speaker Changes] House bill 628 is pro jobs bill in North Carolina.
It’s a forth North Carolina product in state construction and stop
sending our tax dollars out of state or even out of the country. This
bill creates a level playing field in green building standards in state
construction. I would like to ad that there are four governors that are
protecting the local products even by execute order in Georgia, Alabama,
Oregon and Maine. Similarly, there are four other states that are
initiating legislation to protect their local products in Alabama,
Mississippi, Tennessee and Florida. The reason that I started on this
whole entire bill, I was very concerned when I found that Madison County
had a U.S poor service facility that uses Bamboo flooring from Brazil
and just to get a higher leads for education instead of using our local
timber. Be every plain. This bill does not eliminate lead or any other
national standard. It recognized all national environmental buildings
rating system as long as do not discredit local certified products. Vice
President of the North Carolina Forestry association Bob Schaffer said
our forest here in North Carolina are grown, harvested and manufactured
under the most stringent manufacturing standards in the world. Yet
the lead certification due to it archaic and agenda driven requirement
fails to promote locally grown products. This legislation would put
North Carolina wood products on an equal playing field. This bill is
supported by Commissioner Crops department of agriculture, the home
builders association and the North Carolina Forestry association. I ask
for your support in this bill.
[Speaker Changes] Rep Harrison pleas estate your purpose
[Speaker Changes] To debate the bill
[Speaker Changes] The lady is recognized to debate the bill
[Speaker Changes] Thank you Mr. Speaker and Ladies and gentlemen of the
house.

I appreciate the Bill sponsor trying to work through the concerns that
have been expressed about this bill because there is some dispute about
whether Leed’s certifications actually impacted North Carolina ?? I’ve
got some information, statistics here, we have 343 U.S. green building
council member companies who are actually headquartered here in North
Carolina. Thank you. In addition there are 4800 Leed accredited North
Carolina professionals. I myself have been involved with the Leed
construction project and I know what that’s meant for the clean energy
clean green building industry and it’s been a very important part of
North Carolina’s economy. And it is the perception on perspective of the
U.S. green building council that this particular designation ?? got the
Leed certification and end leed certification here in North Carolina. In
addition to those statistics we are eleventh nationally in the country
in the country in leed construction. Charlotte and Durham are at the
top, in the top 50 cities in Leed buildings. We’ve got a Leed platinum
building right down the street at the nature resource center. Back home
in Guilford County, UNGC and A&T have recently constructed League
silver buildings including the joint school of nano science and nano
engineering which this body generously supported. The new core steel
industry located in northeast North Carolina is concerned about how this
might impact their market because they make recycled steel. This
important component in Leed construction. And I guess the dispute is
whether the local timber gets enough credit, and it does. The Leed
program allows for credit for regionally-based timber. And it’s just
unfortunate that there isn’t much timber here in North Carolina that has
the forestry-sustainability council stamp of approval which is
specifically listed in the Leed credits. And I can’t speak much more
than that, but I do know that the timber here in North Carolina is
available for Leed credits because it passes the regional concern. I do
think that this is. I wish that we could work something out because I
think this will have a negative impact on our green building industry,
which is very important. I’m sure many of you have heard from your green
builders about the night, the potential negative impacts of this bill. I
urge you to vote no.
[SPEAKER CHANGES]
Representative Mobley, please state your purpose.
[SPEAKER CHANGES]
To speak on the bill.
[SPEAKER CHANGES]
The lady is recognized to debate the bill.
[SPEAKER CHANGES]
Thank you, Mr. Speaker. I have heard from only one employer in that
area, and that is New Corps. New Corps is one of the large employers in
my area, or in my district. And I certainly would not want to see
legislation passed that would hamper the business that they do for the
people in my district. I plan to object a third reading and make a few
more phone calls. Therefore, I don’t want anyone to think that I’m
opposing North Carolina products because I’m not. We have other things
including the steel. But if the concrete industry enters the same kind
of concern about this bill, there would probably be some others joining
my opposition of this bill at this time. Therefore I would encourage you
to vote against this bill at this time. Thank you.
[SPEAKER CHANGES]
Representative Hager, please state your purpose.
[SPEAKER CHANGES]
Speak on the bill.
[SPEAKER CHANGES]
Gentleman is recognized to speak on the bill.
[SPEAKER CHANGES]
Thank you, Mr. Speaker. You know we talked a little bit about what
disadvantage North Carolina timber has. And up until about two weeks ago
I did know, ?? to put this bill in. I had a meeting with our local
lumber company and our forestry folks, who make up a big part of
employment in Rutherford county. And I’m sure many of your rural
counties have the same issue. And they look at this bill and they say
wait a minute we’ve been disadvantaged. I think the Leed ?? in 1998
since about 2000. And we just want a level playing field. We just want
to be able to compete. And if you look at the numbers in difference to
what Representative Harrison said, U.S. has about 14,000,000 acres of
Leed-certified timber which is the forest stewardship council certified.
Now overall, in the world, there is about 300,000,000 some around there
acres. We pared it down to 14,000,000 in the United States. Now
unfortunately I’d like to tell you that North Carolina has only 47,000
of the 14,000,000 acres which puts us 41st in the United States in ??
could be leed-certified timber. So what I would say is, as
Representative Presnell says, this is a jobs bill. This is keeping our
forestry

bonds were given our timber found to work is even a whole lot long to
the worker 's all-male work is a great part of the county went to large
saw mills employ about
[SPEAKER CHANGES]
two hundred fifty to three hundred people and they had been there a long
time and this will help those that like to help them at job.
[SPEAKER CHANGES]
please been for the reasons are that house we had to group survived
school students in a gallery we have one group of students, teachers and
chaperones from Saint Leo's Catholic school and another group from
Antioch elementary wingspan on his walk him at
representor Wayne take your purpose
[SPEAKER CHANGES]
the rises with some concerns, but I'd say I'm going to support this bill
does its intentions are, are very appropriate and admirable for North
Carolina's fourth products to be considered in the lead certification
process. my concerns are on a sort of unintended consequences we we've
heard that lead is a a a a certification of green building. I'm an
architect. I'm in the construction business. about half of the
architecture projects in North Carolina are Leed certified. they are
corporations, companies and people who clients who are building high
quality building. see the Leed certification. it's a variant important.
they has tax credits. lots of things associated with it if the system is
been developed over a button at least a decade, maybe two decades in our
problem is we have two competing forest associations that are getting
along and we're not until I is primarily using one of them and lead is
primarily using the other and we need to get this this piece worked out
so that we don't lose our work in Leed certified building in North
Carolina I don't think I know that's off the intent of the bill. I just
want make sure as this moves our word that we get these really important
job issues where they can assist tens of billions of dollars of
construction that could be affected if we don't do this right, but I do
think we need to put pressure on the parties to negotiate and get this
straightened out for the state, North Carolina because we have a very
environmentally friendly forestry sector that needs to participate in
this very important construction industry and we need to align them.
this is not just Australia it's it's it's construction and and commerce
in general. so I'm about to move forward and hope the pressure of of of
this General assembly will get these parties to the negotiating table
and we will really solve this problem, so I encourage you to work and
keep an eye on it. so we indeedsolve the problem and do not have the
unintended consequences of losing tens of billions of dollars worth of
construction contracts
[SPEAKER CHANGES]
state your purpose and your speaker
[SPEAKER CHANGES]
does become available it was written as I like this. it does stand up in
support of this bill of the reason why I I think what were to find is
that at first while very big deal in the construction
industry,construction industry. what's happened is that we get is not
itself a little member Jim and Ann were seeing the effects of this by
the different states starting to act enact legislation to back their own
products as he leads lead certification does like represented Queen
said, it does promote local local products by giving them credits for
the local products. the problem is that sometime along in their
existence. they decided to instead of put out a standard and what the
market compete for all this out. all these products. I took up to their
specifications. we decided to certify everybody by themselves and what
that ended up doing is it that you had selected groups that I just got
in the door and they were able to

[0:00:00.0]
…The products and eliminate a lot others. So, that’s basically what the
Jim lead guide itself into. To get it out though I met actually a
believer in the free market system and lead was actually developed under
the free market system. So, what we are starting to see is certain
competitions starting to come up and talk about other certification
processes that are gonna be started so they are gonna address the same
issues but include local products so that can be used. I ask you to
support this bill, thank you.
[SPEAKER CHANGES]
Representative McElraft please state your purpose.
[SPEAKER CHANGES]
To debate the bill.
[SPEAKER CHANGES]
The lady is recognized to debate the bill.
[SPEAKER CHANGES]
Thank you Mr. Speaker, I just wanna encourage you to support this so
North Carolina Forestry Association off course supports this warehouse
does also, this I think will put pressure on the lead design group to
look and certifying other systems such as the sustainable forestry
initiative, American tree farm system that our North Carolina farmland
owners use and we have actually written letters to the lease certifying
system and encourage them to use our North Carolina forestry products
and certify them and this legislation I think will put more pressure to
do that. So, if we just set here and allow their certification to
discriminate our products it will continue for years and this is the
right process, please vote for the bill.
[SPEAKER CHANGES]
Representative Mills please state your purpose.
[SPEAKER CHANGES]
To speak on the bill.
[SPEAKER CHANGES]
The gentleman is recognized to debate the bill.
[SPEAKER CHANGES]
Ladies and Gentlemen I will actually approves this bill a little
differently than when I have heard to debate so far. One thing I wanna
point out is that this bill is very specific to the major facility
construction projects of the public agency, we are talking about
buildings that are paid for by tax payer dollars, and what this bill
does they just get into lead aspects in order to more or less ___[02:20]
market for instance for the forestry industry but this allows our
forestry market to compete in order for the projects that we all bill
the tax payer dollars to be done in a more cost effective way. In no
disrespect to Representative Mobley in regard to the company in her
district this is not carving out from one to get into another this is
just allowing this competition to be done with our North Carolina
Forestry Projects and I wanna basically put our attention on these are
public buildings for public agencies and this is tax payer dollars. So,
I think that we have a tremendous responsibility to make these tax payer
dollars go as far as possible and it’s a win-win that we can do that
with North Carolina products, I think those sponsor bring this bill
before and I definitely commend this go to this bill.
[SPEAKER CHANGES]
Representative Samuelson please state your purpose.
[SPEAKER CHANGES]
To debate the bill and send forward an amendment.
[SPEAKER CHANGES]
The lady is recognized to debate the bill.
[SPEAKER CHANGES]
Members we have heard a lot of the tension with lead because they
haven’t some ways let their system get out update where you have got
local products that we wanna support well at the same time if lead were
to go away we have got local products that would be in trouble. So, you
can feel this tension that this bill was originally told to a number of
people that it was gonna be a study and then all of a sudden when it
appeared in committee not as a study I don’t by Chair email why emails
started to blow up new core with steel, the concrete, people the Deener
had an opinion on it partially because they were unsure exactly what the
impact was gonna be not because they don’t want our local timber or our
local lumber but they are just uncertain whether the unintentional
consequence of this maybe that it wipes out all lead and what you like
or not there are a whole heck of a lot of jobs tied to it. So, I have an
amendment please Mr. Speaker that I would like to send forward to
address that.
[SPEAKER CHANGES]
The lady is recognized to send forward an amendment the clerk will read.
[SPEAKER CHANGES]
Representative Samuelson moves to amend the bill on page 1 lines 29 and
30 by re-writing those lines to read.
[SPEAKER CHANGES]
The lady is recognized to debate the amendment.
[SPEAKER CHANGES]
Members this amendment basically says that any project that it would
delay the implementation date by one year then at that point any
projects that are underway will then go ahead and be covered but if they
have not gotten started will not be, by giving it one year it gives A.
The message of we intend to do this what we…
[0:04:59.9]
[End of file…]

You all have said, that if we cant get the parties to come to the table
by going ahead and putting it on the books and having an effective date
it will in someways put pressure on the lead people to actually do
something to work out a way for us to have our local products included
but it also recognizes that there are projects there are companies there
are all kinds of other issues that are underway that need more than the
time it takes for this bill to pass and be signed by the governor to get
everything in a row.
By giving it one year it will give people time to figure out what really
is the impact of it. These concerns that Deanor has expressed as well
as some others while also sending the message that we intend to have our
local products covered.
If you want your local products covered but you also want the companies
that you have invested in to lead to have a chance to adapt. I would
urge that you support this amendments to delay the implementation one
year while at the same time recognizing those projects that are already
underway. I urge your support of the amendment.
[Speaker Changes]
Representative ?????????? please state your purpose.
[Speaker Changes]
To speak on the amendment.
[Speaker Changes]
The lady has recognized to debate the amendment.
[Speaker Changes]
I urge you not to support this amendment. Lead has had over 13 years to
get his ducks in a row and they're not there yet. I think this is a good
bill. And I certainly would appreciate it. I did put another amendment
in, could I speak on that right now?
[Speaker Changes]
The lady may not speak on that amendment at this time. You have been
recognized to debate the amendment before us now and we will recognize
it at the appropriate time if you have another amendment.
Representative ?????? does the gentlemen wish to speak on the amendment.
[Speaker Changes]
Yes sir Mr. Speaker.
[Speaker Changes]
The gentleman has recognized to debate the amendment.
[Speaker Changes]
Thank you Mr. Speaker.
The amendment, I think it said a year, it delays it by a year. And if
we're going to support North Carolina products there is no better time
than the present and I would like to see it start right now and I would
like to support this bill. Either we are for North Carolina products or
we're not and if not now when? No time like the present. Thank you.
[Speaker Changes]
Representative ?????? please state your purpose
[Speaker Changes]
Debate the amendment.
[Speaker Changes]
The gentleman has recognized to debate the amendment.
[Speaker Changes]
Thank you Mr. Speaker. If you guys will take a look on lines twenty-nine
and thirty of the bill. It basically says that this act only applies to
projects that are taking place after this bill becomes law. On or after
the date. I think any planning here to afford is probably covered with
that. And I agree with representative ???????? says. Folks in my
district are at fifteen percent unemployment. I can understand the urban
folks may have eight nine ten percent unemployment. I got fifteen
sixteen. I need to add jobs now, a year from now does me some good, but
certainly doesn't do me a whole lot of good right now. They always say,
what's the best time to have jobs is yesterday, the second best time is
today. The 365th best time is next year. Thank you.
[Speaker Changes]
Representative Deborah Ross please state your purpose.
[Speaker Changes]
Speak on the amendment.
[Speaker Changes]
The lady has recognized to debate the amendment
[Speaker Changes]
Thank you Mr. Speaker. Ladies and gentleman regardless of whether or not
you support this particular amendment. The effective date in this bill
is something that is completely unworkable. And is not the way we
generally pass laws. We almost never say something is effective on the
day it becomes law because it doesn't provide notice to the public. What
if there are people out there that don't know the day that the governor
signed this bill. We always give lead time for people to organize their
affairs around what happens in our law and this bill as it is currently
drafted is simply not appropriate for giving notice to the public and so
of course representative ?????? amendment is appropriate.
[Speaker Changes]
Representative ?????? please state your purpose.
[Speaker Changes]
I would urge you all to not support this amendment.
[Speaker Changes]
Representative ?????? please state your purpose.
[Speaker Changes]
Speak a second time on the amendment.
[Speaker Changes]
The lady has recognized to debate the amendment a second time.
[Speaker Changes]
Representative ??????? was really right. There is no better time to
protect and create jobs then now. New core steel is one of the largest
employers in our state they bring in lots of revenue. Concrete companies
are all over our state. They also bring in lots of revenue. They all
employ people and they are concerned that jobs are at risk if they don't
have time to process the implementation of this bill. Had it been a
study which is what they thought it was going to be. We might have
gotten answers to the questions. But since is was not a study. If we put
the effective date now, we may lose more jobs than are created in the
forestry industry by doing it that way. Right now if you want to protect
the jobs that are there.

care easy to support this down its debt-to send a time as the downtown
fact that Carries the implementation on other people to make the
adjustments and Nissan and therefore not to lead Florida City and the
person house interplay station purpose sign that the country as a medium
and high- dividend was signed, Sampson made for a a rational approach to
this, and a timeout was the best reason there's a correct when she won,
and we rarely time the east of the defective of the cost in the alley
and so, we have created a copy of the public to adjust a representative
sample signers interact unity of his sentence me all the stakeholders
with an opportunity to come to the table and we'll have an opportunity
at the time of the highest bidder in a hushed results that the Manhattan
U.S. for the yesterday, as the food is one of the would be to a crime is
supported in and out in support of the whole as long as 12 months
circuit breaker went to an end-of-call falling all of the I’m very
stable as may be able to come together so that we can arrive at-and
mention only time because of the state and this chamber that is not as
large a stream of Carolina Tylenol I think it is anybody in this chamber
has hands of a family in the house that he and his competition, less the
same time you as has been a top generated and we don't use Riley of
generations it must have them to live in fact that he is a part of human
?? person at a station purpose ; and Reiner has made him a system of
higher on the only certification , the whole point is produced or not
good for some 300% for your other times as high as 26 points water
dishes seized 10 points energy, Sears 35 points in the rear gate, was 15
when I'm innovation is a process of six points we shall the reasons for
points times our resources are 14 points server that war is only 1. of
the whole passes so I think it is ultimately will be able to three times
for a dancing with actor to jump over this and it involved a time
all-party sponsors of state person of your PlayStation purpose percent
time: 1/2 teaspoons wants it done all the excuse for the personals
PlayStation per frame the question for every single person Simpson’s
white tiled you play us person since the New Jersey army articulated
riley's one supports in on 211813 times to industry to process all
husbands may swing by cycling assault and harassment is the last words
its entry into a lot of the time he's access to the company's nothing
here last night at the Temecula is that the times and was president and
CEO will allow the country in policing companies below the process of
this legislation will take time out: questions as a message when that
happens to differences of opinion are so I'm not mad about the year it
seems that his arrest in his mail handling county and all I see this
time of the day I like you're not been found and not let it has taken
from the defense nicely with the time, and infants and is not the dow is
the fact that some of the three com, this recession was only to
demonstrate in your area residents $forestry and often tedious releasing
the company ?? ?? ?? ??.............

00:00
and the steel jobs it would give us the time to do that.
[SPEAKER CHANGES]
follow up Mr speaker.
[SPEAKER CHANGES]
does the lady yield.
[SPEAKER CHANGES]
I yield.
[SPEAKER CHANGES]
the lady yields.
[SPEAKER CHANGES]
so if I'm understanding the argument correctly is that it was said that
this bill could potentially do away with lead certification in the state
is that correct.
[SPEAKER CHANGES]
there is some who said that I will confess to not being an expert on
lead but when I hear Deener raising questions about how it's gonna be
implemented and some of the largest employers in the state raising
questions but the study is not an option I agree with the idea that our
number and our product should be allowed this was a way to hopefully
help that happen by giving it time to happen and sending a firm message
that that's what we want to have happen.
[SPEAKER CHANGES]
Mr speaker do you mind if I debate the amendment.
[SPEAKER CHANGES]
the gentleman is recognized to debate the amendment.
[SPEAKER CHANGES]
I'll be brief and I thank representative Samuelson for her kind of
answer these questions here but the way that I see this that this is in
regard to public buildings this has not taken away or undermined or
pulled the rug out of all these certifications in state these are tax
payer funded buildings and in regard to allowing a steel and a concrete
industry in order to kind of get a heads up and the heads up that I see
is that what now wood is gonna be able to compete I don't really
understand that really how it could hurt or harm them and again my
intention was to ask the questions have a understanding how it could and
I'm not saying that it will not but I don't see how allowing wood to
compete with concrete and steel for just publicly funded and public
facilities how's that gonna cause a determinate to go ahead and allow it
to be put into effect as soon as we start rolling on this and I just
have to ask you all to very humbly and kindly to vote against this
amendment so we can allow wood to compete now as a same way that
concrete and steel does also thank you.
[SPEAKER CHANGES]
representative Bumgardner please state your purpose.
[SPEAKER CHANGES]
I'd like to ask representative Catlin a question.
[SPEAKER CHANGES]
representative Catlin does the gentleman yield.
[SPEAKER CHANGES]
I yield.
[SPEAKER CHANGES]
the gentleman yields.
[SPEAKER CHANGES]
representative Catlin in your considered opinion would this amendment
have an effect on lead.
[SPEAKER CHANGES]
this amendment.
[SPEAKER CHANGES]
yes, the amendment the time frame we're talking about here now versus a
year.
[SPEAKER CHANGES]
well one of the things I've learned is I've gone through this process
and I always like to say I'm smarter tomorrow than I am today is that
what it does is there maybe buildings and processes that are on their
way to get their energy certification that are using the lead process
this would give them an opportunity to finish those buildings without
having to kind of start over that's my reason to support this amendment
to give those people more time and to give us time to look at other
products in North Carolina so that we can maybe tweak it all at the same
time.
[SPEAKER CHANGES]
does the gentleman wish to ask more ...
[SPEAKER CHANGES]
follow up.
[SPEAKER CHANGES]
the gentleman yield.
[SPEAKER CHANGES]
yes sir.
[SPEAKER CHANGES]
the gentleman yields.
[SPEAKER CHANGES]
well I heard it said that this could potentially lead to the end of it I
just wanted to know if you thought that was the case or not.
[SPEAKER CHANGES]
no.
[SPEAKER CHANGES]
representative Brody please state your purpose.
[SPEAKER CHANGES]
speak on the amendment again.
[SPEAKER CHANGES]
the gentleman is recognized to debate the amendment a second time.
[SPEAKER CHANGES]
I'd like to ask everyone to oppose this amendment I think we've got a
misconception also of lead that lead does not hold the secret to green
building we can do everything that lead proposes without being a lead
certified building company or builder or as a state actually contract
with or through lead everything can be done without it the only thing
that we don't get is the prestigious [??] that we can put on the wall
that says it's a lead I would ask you to not support this amendment it's
just gonna delay things and also keep in mind that there're other
competitors out there that would love the opportunity to present their
rating system to North Carolina thank you.
[SPEAKER CHANGES]
representative Carney please state your purpose.
[SPEAKER CHANGES]
to speak to the amendment.
[SPEAKER CHANGES]
the lady's recognized to debate the amendment.
[SPEAKER CHANGES]
thank you Mr speaker ladies and gentlemen of the house I've been.
05:00

For ten years and I have watched the debate go back and forth and I
have concluded over my10 years and even my 6 years on the county
commission. If it makes sense government doesn’t do it. Well this is one
of those times with this amendment that it makes sense. There is even a
question by major companies in our state as to what the impact is going
to be on the jobs that we are talking about here. There is even a
question or doubt we would not take time to look in to what those
potential problems would be and solve them within this year. At the
same time you are getting the best of both. You are getting them an
amendment that buys time for major corporations that have asked us to do
this. And yet you are saying to North carolonians that we support North
Carolina Forest. I don’t know why. We also come in and say No it’s my
way it’ your way. The best way to get the bill passed up here is that
you have every person in the table that may have problem with what your
bill is and you have fully vetted it. It’s fully gone through a
committee process. Here we have question from several members and
myself, this is to be a study and I have talked with people in the lead
industry and yet we come in there is a major bill and a major change and
a major impact. Do we know all the answers to the impact? No. One year
and short sessions start in May. One year and we can address those
issues and not have Major Corporation’s concern. I just think that if
this is true common sense approach my dear yet we are still saying we
support this bill. I urge you to support this amendment
[Speaker Changes] Representative Dickson, please state your purpose
[Speaker Changes] To debate the amendment
[Speaker Changes] Gentlemen is recognized to debate the amendment
[Speaker Changes] Mr. Speaker, members. There has been a tremendous
amount of study since this bill has been introduced. And what we have
simply hear is those folks who for years who have enjoyed unleveled
playing field need more time to rally the troops and rally the wagons to
enjoy to continue to enjoy the unlevel playing field. I encourage you to
vote against the amendment and vote for the bill.
[Speaker Changes] Further discussion further debate on the amendment. If
not the question for the house is the passage of the amendment sent
forth by Representative Samuelson to the house committee substitute for
house bill 628. All in favor vote Aye and all oppose vote no. The clerk
will open the vote. The clerk will lock the machine and record the vote.
53 having voted in the affirmative and 58 in the negative, the amendment
fails. Now back on the bill. Further discussion further debate.
Representative McGrady Please state your purpose
[Speaker Changes] To speak on the bill
[Speaker Changes] Gentleman is recognized to speak on the bill
[Speaker Changes] In committee I offered the amendment that would have
turned this in to a study. Every once in a while we get in to these
debates like the tempest and tea pod and this is one of them. I have
seen language that Newcore had out forward to the warehouser that would
fix all of the problems that are being vaguely addressed here. And I
would find myself with the language that has been out forward supporting
the bill and that’s where I would like to be. I probably own as much
timber as anybody here, I don’t know. I have never explored that. But I
have got a fairly large holding of timber back in Henderson County. I am
not against Timber but I do think we are MAKING a mistake by going down
this road this way when there is such an easy fix to the whole thing.
But since we don’t seem to be want to be there, I am going to vote No. I
am going to object to third reading hoping that cooler minds will come
together and get this thing resolved and send a bill that we can all
support over to the senate
[Speaker Changes] Ladies and Gentlemen of the house one motion of Annie
Mobley from Bertie

county in Hertford and Pasquotank counties. The chair is happy to extend
the courtesies of the gallery to Steve Biggs, executive director of
Economic Development in Windsor, North Carolina. Please stand Steve and
let us welcome you.
[SPEAKER CHANGES]
Representative Presnell, please state your purpose.
[SPEAKER CHANGES]
To bring forth an amendment.
[SPEAKER CHANGES]
The lady is recognized to send forth and amendment. The clerk will read.
[SPEAKER CHANGES]
Representative Presnell moves to amend the bill on page 1, line 21 by
rewriting that line to read.
[SPEAKER CHANGES]
The lady is recognized to debate the amendment.
[SPEAKER CHANGES]
This is just to make this bill effective when it becomes law and applies
to construction and renovation projects for which the bidding process
has already been initiated so that there won’t be any problems with ones
that are ongoing, that kind of thing. That’s what it’s for. It will help
the bill.
[SPEAKER CHANGES]
Representative McGrady, please state your purpose.
[SPEAKER CHANGES]
To speak on the amendment.
[SPEAKER CHANGES]
The gentleman is recognized to debate the amendment.
[SPEAKER CHANGES]
This is a good amendment, I would urge you to support it.
[SPEAKER CHANGES]
Further discussion, further debate on the amendment. If...Representative
Arp, please state your purpose.
[SPEAKER CHANGES]
Can we clarify which amendment is up?
[SPEAKER CHANGES]
The amendment should be on the dashboard. The amendment would be ARI-24
version 1. Do all members have access to it on the dashboard? The chair
is being advised that may not be correct. The House will be at ease
Ladies and gentlemen, the staff...there appears to be a question about
whether or not we have the right version so the House will be at ease.
Representative Presnell, the chair understands that there may be a
drafting difference between the amendment that we should have properly
before us and the one that we do have now so the chair would advise that
the lady withdraw the current amendment and we will send it forth at the
appropriate time.
[SPEAKER CHANGES]
I do withdraw the current amendment.
[SPEAKER CHANGES]
To provide staff with time to…
Representative Presnell, the chair understands that your amendment would
not change the title, therefore we could go ahead and take a vote today
and then bring that up tomorrow, if the lady is okay with that.
Further discussion, further debate on the bill.
Representative Samuelson, please state your purpose.
We’re on the bill.
If not, the question before the House is the passage of House committee
substitute to House Bill 628 on its second reading. All in favor vote
aye, all opposed vote no. The clerk will open the vote.
The clerk will lock the machine and record the vote.
78 having voted in the affirmative and 34 in the negative, the House
committee substitute to House Bill 628 has passed its second reading and
will remain on the calendar.
House Bill 665. The clerk will read.
[SPEAKER CHANGES]
House Bill 665. The bill has been entitled An Act to Amend the
Inspection Requirements for Used Vehicles Sold On a Salvage Title By
Dealers. The General Assembly of North Carolina enacts.
[SPEAKER CHANGES]
Representative Moore, please state your purpose.
[SPEAKER CHANGES]
To debate the bill.
[SPEAKER CHANGES]
The gentleman is recognized to debate the bill.
[SPEAKER CHANGES]
Mr. Speaker, members, this is a non-controversial bill. I’m aware of no
opposition. What it simply does is it says when a license dealer sells a
car and it’s salvaged and does not do any repairs to it, that you do not
have to do the inspection. The reason for the inspections once the
repairs are done is to make sure its roadworthy and ready to go. This is
simply you go to buy the car and the thing’s damaged. It’s salvage. It’s
not drivable, so you don’t need an inspection, you know its not
drivable. Before it can ever be though made roadworthy, be put back on
the road and be licensed again, it would still have to go through that
inspection process. As I said, I know of no opposition from DMV, we were
in transportation yesterday, no one spoke of it. I’ve heard of no one
that has a problem with it. I’ll be glad to answer any questions.

Representative Robert Brawley, please state your purpose.
[SPEAKER CHANGES] To speak on the bill.
[SPEAKER CHANGES] The gentleman is recognized to debate the bill.
[SPEAKER CHANGES] Thank you, Mr Speaker. Ladies and Gentlemen, this is
one of those days. My seatmate said there's no opposition to this bill,
and he's absolutely right. I'd urge you to vote for it. Thank you.
[SPEAKER CHANGES] Representative Lucas, please state your purpose.
[SPEAKER CHANGES] Question of Representative Moore.
[SPEAKER CHANGES] Representative Moore, does the gentleman yield?
[SPEAKER CHANGES] ?? I yield.
[SPEAKER CHANGES] The gentleman yields.
[SPEAKER CHANGES] Representative Moore, this salvage title applies only
to dealers. It does not apply to individuals, is that correct?
[SPEAKER CHANGES] That's right. What happens now is, insurance companies
can sell these vehicles salvaged, they often will buy them and sell them
salvaged. And there's been a problem where dealers have bought the cars
salvaged and want to be able to sell them to the guys that do rebuild
them. And so having to have this inspection when the thing's a wreck is
just a waste of time. Before the guy that buys it, though, can put it
back on the road, they do have to have the inspection then.
[SPEAKER CHANGES] Further discussion or further debate? If not, the
question before the House is the passage of House Bill 665 on its second
reading. All in favor vote aye. All opposed vote no. The clerk will open
the vote. The clerk will lock the machine and record the vote. 113
having voted in the affirmative, none in the negative, House Bill 665
has passed its second reading without objection. It will be read a third
time.
[SPEAKER CHANGES] General Assembly of North Carolina enacts.
[SPEAKER CHANGES] Further discussion or further debate? If not, the
question before the House is the passage of House Bill 665 on its third
reading. All in favor say aye. All opposed say no. The ayes have it,
House Bill 665 has passed its third reading and will be sent to the
Senate. House Bill 670, the clerk will read.
[SPEAKER CHANGES] House Bill 670, a bill to be entitled “An act
authorizing the Department of Health and Human Services to study
extending the provision of foster care to the age of 21.” General
Assembly of North Carolina enacts.
[SPEAKER CHANGES] Representative Moore is recognized to debate the bill.
[SPEAKER CHANGES] Thank you, Mr Speaker. This is, very simply, a study
bill authored by the Rules Committee. This bill, at this point, is just
studying whether foster care should be extended to age 21. It came as a
recommendation of some folks. Should the bill pass the House and go to
the Senate, you will probably see some additional studies related to
foster care and children placed on there, as well as who knows what
else, they may put all kinds of studies. We are choosing to put a few
study bills over to the Senate that may be used for additional study
bills to come back. We'd urge the body to support.
[SPEAKER CHANGES] Further discussion, further debate? If not, the
question before the House is the passage of House Bill 670 on its second
reading. All in favor vote aye. All opposed vote no. The clerk will open
the vote. All members wishing to record, please do so at this time.
Representative Brandon. The clerk will lock the machine and record the
vote. 113 having voted in the affirmative, none in the negative, House
Bill 670 has passed its second reading without objection. It will be
read a third time.
[SPEAKER CHANGES] General Assembly of North Carolina enacts.
[SPEAKER CHANGES] Further discussion, further debate? If not, the
question before the House is the passage of House Bill 670 on its third
reading. All in favor say aye. All opposed say no. The ayes have in,
House Bill 670 has passed its third reading and will be sent to the
Senate. House Bill 692, the clerk will read.
[SPEAKER CHANGES] Committee Substitute for House Bill 92, a bill to be
entitled “An act to commend the North Carolina Anti-Predatory Lending
Law and to limit the provisions of state mortgage lending law to being
no more restrictive than Federal law.” General Assembly of North
Carolina enacts.
[SPEAKER CHANGES] Representative Szoka, please state your purpose.
[SPEAKER CHANGES] To debate the bill.
[SPEAKER CHANGES] The gentleman is recognized to debate the bill.
[SPEAKER CHANGES] Ladies and gentlemen, the title of this bill does
exactly what the bill does. It brings North Carolina law in complete
compliance, and no more strict, than Federal law. Federal mortgage law
can be very difficult. So far to date this year, there have been over
800 pages of changes to the law. This indexes our law to Federal law. It
does not harm consumers, as a matter of fact it helps consumers, and the
category of consumers it helps are those who have modest incomes, who
live in modest homes -- I define “modest” homes by $80.000 value or less
– or those people who wish to buy those type of homes. There's no
objections to this bill, the people who've had input to it is the North
Carolina Commissioner of Banks, the Mortgage Bankers' Association,
mortgage brokers, the Center for Responsible Lending, and North Carolina
Justice Center. I do have an amendment to offer on this, and I'd like to
offer that amendment at this time.
[SPEAKER CHANGES] The gentleman is recognized to send forth an
amendment. The clerk will read.
[SPEAKER CHANGES] Representative Szoka moves to amend the bill on page
four, line five by re-writing the line to read:
[SPEAKER CHANGES] The gentleman is recognized to debate the amendment.
[SPEAKER CHANGES] After Committee vote, where this bill was passed
unanimously, there were several in the audience who looked at it and saw
that we had actually made a technical [RECORDING ENDS]

mistake in the wording. The original wording in the bill would only
change North Carolina law to federal law at one time. So what this does
is it indexes the North Carolina law specifically to the US general
statutes. So if federal law goes up, this will change with it. If
federal law, the part that it's tied to, goes down, it goes with it. And
the second thing that this amendment does is if there's a problem and
someone sues, that it will allow state courts to hear the case, not go
to federal law. So I would urge you to support the amendment.
[NEW SPEAKER]
Further discussion, further debate on the amendment. If not, the
question before the House is the passage of the amendment set forth by
Representative Szoka for the House Committee substitute of House Bill
692. All in favor for aye. All opposed vote no. The clerk will open
the vote. The clerk will let the machine record the vote. 113 having
voting in the affirmative, 9 in the negative. The amendment passes. We
are now back on the bill. Further discussion, further debate on the
bill. If not, the question before the House is the passage of the House
Committee substitute to House Bill 692 as amended on it's second
reading. All in favor vote aye. All opposed vote no. The clerk will
open the vote. The clerk will let the machine record the vote. 111
having voted in the affirmative, and one in the negative. The House
Committee substitute to House Bill 692 is amendment has passed it's
second reading and without objection will be read a third time.
[NEW SPEAKER]
General Assembly of North Carolina is next.
[NEW SPEAKER]
Further discussion, further debate. If not, the question before the
House is the passage of the House committee substitute to House Bill 692
as amended on it's third reading. All in favor say aye. All opposed
say no. The ayes have it. The House committee substitute to House Bill
692 is amended as passed it's third reading. The bill will be engrossed
and sent to the Senate. House Bill 693 the clerk will read.
[NEW SPEAKER]
You mean 700.
[NEW SPEAKER]
Chair stands corrected. That bill was re-referred to J committee. House
Bill 700, the clerk will read.
[NEW SPEAKER]
Committee substitute to House Bill 700, a bill to the Filing Act making
omnibus changes to the laws relating to state information technology
governance. General Assembly of North Carolina are next.
[NEW SPEAKER]
Representative Saine, please state your purpose.
[NEW SPEAKER]
To speak on the bill.
[NEW SPEAKER]
The gentleman is recognized to debate the bill.
[NEW SPEAKER]
Thank you Mr. Speaker. As with many of our IT bills, these have sailed
through committee. This went through governance last week. I'd like to
thank Representative Cleveland. I was on a trip, you might have read
about it. So I couldn't present the bill. But, we had no opposition in
government. Although I would say that Representative Cleveland, I think,
went about 3 minutes in his presentation, which is generally about 2
minutes and 30 seconds more on IT presentations than I make. But I think
you very much. Happy to answer any questions.
[NEW SPEAKER]
Further discussion, further debate. If not, the question before the
House is the passage of the House committee substitute to House Bill 700
on it's second reading. All in favor vote aye. All opposed vote no.
All members wishing to record do so now. Clerk will let the machine
record the vote. 111 having voting in the affirmative, none in the
negative. The House committee substitute to House Bill 700 has passed
it's second reading and without objection will be read a third time.
[NEW SPEAKER]
General Assembly of North Carolina is next.
[NEW SPEAKER]
Further discussion, further debate. If not, the question before the
House is the passage of the House committee substitute to House Bill 700
on it's third reading. All in favor say aye. All opposed say no. The
ayes have it. The House committee substitute to House Bill 700 has
passed it's third reading and will be sent to the Senate. Representative
George Graham, does the gentleman wish to be recorded on the prior vote,
recorded as aye?
[NEW SPEAKER]
Yes, sir. I was in court. Yes, sir, thank you.
[NEW SPEAKER]
Gentleman will be recorded as having voted aye on House Bill 700 on the
second reading. House Bill 718 the clerk will read.
[NEW SPEAKER]
The committee substitute for House Bill 718, a bill to entitle an Act
directing the Joint Legislative Education Oversight Committee to study
issues related to providing duty-free instructional planning time during
regular student contact hours to all classroom teachers. Strategies for
providing North Carolina with great leaders for great schools and the
common core state standards, and directing the Department of Public
Instruction to study the use of certain safety measures in schools
including the installation of silent panic alarm systems for use in life
threatening and emergency situations. General Assembly of North
Carolina are next.
[NEW SPEAKER]
Representative Holloway, please state your purpose.
[NEW SPEAKER]
To explain the bill.
[NEW SPEAKER]
The gentleman is recognized to debate the bill.
[NEW SPEAKER]
Thank you.

Mr. Speaker, earlier in the session, I had filed one of the many
education studies that was filed in our Chairs that the Education
Committee asked if they could use that as the trainer or engine to
create an omnibus education study bill, and I agreed, and the bill
title, I think, lists all the different studies including this bill.
I'd be happy to answer any questions and I ask for your support.
[SPEAKER CHANGES]Representative Pittman, please state your purpose.
[SPEAKER CHANGES]To speak on the bill.
[SPEAKER CHANGES]The gentleman is recognized to debate the bill.
Thank you Mr. Speaker. I had gotten together with Representative
Blackwell, and Rob Bryan and Michael Speciale, and put forward House
Bill 733, a study bill for common core. And it was suggested it would
be better to roll it into this bill, and I do appreciate the fact that
that has been done, and this is going forward, but we has 20 sponsors
total for the bill I initially put forth, and I just want those folks to
know I appreciate your support, and Representative Speciale and I had a
meeting with Dr. Akinson this afternoon about this situation, and she
did not object at all to common core being studied, and so I just wanted
people to know that. I do appreciate that this is going forward, and
ask you to vote for the bill. Thank you.
[SPEAKER CHANGES]Further discussion, further debate. If not, the
question before the House is the passage of House Committee substitute
to House Bill 718 on its 2nd reading. All in favor vote aye, all
opposed vote no, the clerk will open the vote. All members wishing to
record, please do so at this time. The clerk will lock the machine and
record the vote. 113 having voted in the affirmative, and none in the
negative. The House Committee substitute to House Bill 718 has passed
its 2nd reading will be read a 3rd time.
[SPEAKER CHANGES]General Assembly of North Carolina in acts.
[SPEAKER CHANGES]Further discussion, further debate. If not, the
question before the House is the passage of House Committee substitute
to House Bill 718 on its 3rd reading. All in favor say aye, all opposed
say no. The ayes have it. The House Committee substitute to House Bill
718 has passed its 3rd reading and will be sent to the Senate. Pages,
we're about to come up to your quitting time, I'm going to let you all
off 3 minutes early. Because we never know how long some of these
debates may go. So, thank you for your service today, you are hereby
dismissed for the afternoon, have a good evening. House Bill 785, the
clerk will read.
[SPEAKER CHANGES]Committee substitute to House Bill 785, a bill to
entitle and act to create a statewide pilot program to enable cost
sharing for transportation improvements. General Assembly of North
Carolina in acts.
[SPEAKER CHANGES]Representative Iler, please state your purpose.
To debate the bill.
The gentleman is recognized to debate the bill.
Thank you Mr. Speaker. Let me tell you what this bill is not. It's
nothing to do with the previous transportation bill, House Bill 817.
Secondly, it involves no public money, this is private money from
developers, where DOT requires them to put in improvements when they do
there development, and this just permits DOT to enter into partnerships
so in atypical projects, and the term 'atypical', if finally got a
definition in response to Representative Moore's question in committee,
it's large planned, multiphase developments that encompass large amounts
of land, and it would not involve individual driveway permits, and that
sort of thing. A good example would be a development in the Northern
part of our county, in Northern Brunswick county called Brunswick
Forest, with about 4,000 to 5,000 home sites being developed, and along
Highway 17, and a large Wal-mart complex right down the road, and then
other commercial and residential developers will come in do
improvements, but they'll allow partnerships the DOT can enter into to
spread the costs of the developments around. Again, small developments,
small businesses, individual driveway permits, that would not be
affected by this. Thank you. I urge your support of the bill.
[SPEAKER CHANGES]Further discussion, further debate. If not, the
question before the House is the passage of House Committee substitute
to House Bill 785 on its 2nd reading. All in favor vote aye, all
opposed vote no, the clerk will open the vote. The clerk will lock the
machine and record the vote. 113

?? Affirmative one in the negative the house committee substitute the
house bill 785 has passed its second reading without objection will be
read a third time
(SPEAKER CHANGE)
Representative North Carolina next
(SPEAKER CHANGE)
Further discussion further debate if not the question before the house
is the passage of the house committee substitute the house bill 785 on
its third reading all in favor say aye all opposed say no ?? the house
committee substitute for house bill 785 has passed its third reading and
will be sent to the senate ladies and gentleman we one other bill to
dispose of at the bottom of page two house bill 609 the clerk will read.
Ladies and gentleman it was actually read earlier before we displaced it
and know its back properly before us representative Louis please state
your purpose
(SPEAKER CHANGE)
Speak on the bill
(SPEAKER CHANGE)
The gentleman is recognized to debate the bill
(SPEAKER CHANGE)
Thank you ms speaker ladies and gentleman of the house house bill 609
that you have before you is pretty straightforward bill what it
provides for is that for those insurers who provide insurance to
individuals that have cancer and there by provide treatment for that
cancer as prescribed by their oncologist that the method in which the
drug or the treatment is delivered needs to be treated with parity that
means it needs to cost the same as many of you the way our insurance
system works is often a couple of different ways that copays or
coinsurance or the part that the individual’s required to meet are met
there are copay if you go to the doctor there’s another copay if you go
to the pharmacist to get your prescription filled this bill would say if
your doctor if an individual’s doctor tells them that an oral cancer
drug is the best way to beat the cancer they are fighting that their
out of pocket cost can’t be any more than the more routine procedure of
having an IV cancer drug. the hour is getting late we can go on for a
long time on this bill I don’t think there is anybody in this chamber
who’s not in some way been touched by cancer in your past ya’ll know if
it was a personal experience someone in your family or a friend here’s
what I can tell you though all this bill before you does is say if a
doctor decides that a person’s illness can be treated via a pill or
some other kind of prescription medicine instead of having to go to a
treatment center and sit through and IV injection in their arm for ever
much time that takes that the cost of that person the out of pocket
money that that person has to pay will be the same as if they did go and
sit in the chair and have the iv run in their arm. we have had some
discussion on this bill some folks have wanted to express with great
great intent that somehow this bill is a mandate an insurance mandate is
where the state of NC tells an insurance company to cover a illness or a
sickness that they do not currently cover this bill does not do that
this bill says if you cover it than make it make it parity make it the
same copay for make it the same copay for what kind of treatment the
doctor prescribe I respectfully ask for your support on this bill

And has not been touched by cancer. I will tell you my story. There are
5 girls in my family and every one of us has had breast cancer. I have
a sister who not only has breast cancer, but has uterine cancer. And at
this moment has cancer in a third site that they cannot find, but she
has a tumor in her liver bigger than a tissue box. And it’s a secondary
site. So I of all people can appreciate where we are with cancer drugs
and cancer treatment. However, I’ve been very confused about this bill
all along. What does it mean? How are we comparing what a pharmacy pays
with what a doctor’s office pays? When I went to the doctor for my
treatment, whether he gave me a pill, whether he gave me an IV, however
he did it, all for that is caught up and I had no co-pay or deductible
for the drugs. I had my appointment visit for the doctor. That’s the
charge that was given to me. So does that now mean when you go to get
these oral drugs that your co-pay is zero? Because then all the cost
can be pushed onto the insurance company? Yes, these are expensive
drugs. Yes, there’s a lot of research and development, there’s a lot of
risk in them. And then the other question comes up, we’re doing this
for cancer, what happens next? Has anybody been treated for rheumatoid
arthritis? Various other drugs that are incredibly expensive and perhaps
not even covered by insurance? And with that in mind, Mr. Speaker, I’d
like to send forth an amendment?
[SPEAKER CHANGES]
The lady is recognized to send forth an amendment. The clerk will read.
[SPEAKER CHANGES]
Representative Stevens moves to amend the bill on page 2, lines 4 and 5
by inserting the following between the lines.
[SPEAKER CHANGES]
The lady is recognized to debate the amendment.
[SPEAKER CHANGES]
When this legislation has been passed in other states, insurance plans
have had to offer oral chemo drugs at zero dollars cost share. That
means they’re giving away the drugs for free. This amendment will allow
a co-pay that did not exceed $500. That would be a maximum that the
insurance company could charge. It would not increase premiums for the
various other insurance companies that do it. And Blue Cross Blue
Shield, even though we haven’t done it in this bill, has committed that
they would put this on any other specialty drug. That this $500 pay
co-ay. But because it can’t quite fit in this bill, we’ll have to do
that by a separate bill. This would apply to drugs that would also
include multiple sclerosis and arthritis. Combined with the new federal
law, an individual would have an out of pocket maximum of $6,350 per
year for treatment of their drugs. So I’d ask for your support on this
amendment.
[SPEAKER CHANGES]
Representative Lewis, please state your purpose.
[SPEAKER CHANGES]
To debate the amendment.
[SPEAKER CHANGES]
The gentleman is recognized to debate the amendment.
[SPEAKER CHANGES]
Thank you, Mr. Speaker. Ladies and gentlemen, the amendment sent forth
by the lady from Surry is truly revolutionary. Because according to our
staff, in no other way in statute in the state has the amount of the
co-pay been set or limited. I can tell you, that I have grave concerns
with this amendment for a variety of reasons. In the other states that
have passed the bill, which by the way there are 24 of them in the
District of Columbia that have a bill like this. In the other states,
that solve to put some kind of language like this in there the amount
was much much smaller. I can produce for you the studies which show
that it’s ironic the $500 dollar amount is the point where over a
quarter of the people receiving treatment decide they can’t afford it so
they no longer, they never even get it. They never even buy it. So they
don’t get the treatment that they need. So I would ask you oppose the
amendment on two grounds. One, it’s not done anywhere else or anything
else or on any other type of health care in our statue. And two, the
amount is restrictive to folks who need this help. So I would ask you
to vote no on the amendment.
[SPEAKER CHANGES]
Ladies and gentlemen, there are other lights on, the Chair is ?? for
members which to speak on the amendment? On the amendment?
Representative Collins, please state your purpose.
[SPEAKER CHANGES]
To debate the amendment.
[SPEAKER CHANGES]
The gentleman.

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and I think it is a senior NATO to health is the very time I've been
through the problem when fifth of the army at a specialty grounds of
health and cost one idea I neither illnesses identifier in specialty
breads and pasta lines in the past is dealt with the help of the entire
organization irony is no exaggeration or a single cell times and has
remained small, an inhaler flier on ?? is my extensive direct scene of
bright Lord Ramsey had hoped the site of the last outing is possible
that that would please pass this bill and Hillary bill Enright three of
Hollywood’s any time in just three of wince when the section of healthy
users resource teacher is S about business year in the prison following
the designers interest rates can happen when time came to reinstate the
last in Sunday's on restaurants one and $2000 for detail LP interest me
for my twenties or Dan Neel Canseco was a long I'll have to pay $3.00 in
a private classic remains of another $500 is the right time here, in
partisan seat in the stands and opposition and unable to find a
resolution declaring a run time help would like to adopt all day art.
One company acted as a school project in the country not a policy for
this bill passes and riled some extent does it all three defendants the
status is not in the past is active in the its status to press the
matter is that cocaine time has eased on pass the bill and on live in an
optimal array of it is not is attack the stock as
The problems and riled, is an incident that person to find a way station
purpose the scene of us so is resonating on a only a time a one-class
will be affected in this campaign fifth in the army has a tackle a
chance ??.............

For oral and intravenous chemotherapy. According to what the insurance
companies have done in other states where the bill has passed, there's
been less than a 2% increase in insurance. And from what I understand,
when the ACA comes into effect through the exchange it's going to be
covered anyway because it's going to be under pre-existing condition. I
do not support the amendment. One reason is because each pill, if it's
oral, with the $500 you can have 5 chemotherapy oral medicines - at
least three taken at the same time. That's $1500 out of pocket to get
your first round. Thank you.
[SPEAKER CHANGES]
Representative Earle, please state your purpose.
[SPEAKER CHANGES]
To speak on the amendment.
[SPEAKER CHANGES]
The lady is recognized to speak on the amendment.
[SPEAKER CHANGES]
Mr. Speaker, members, I hate to disagree with my colleague, but I do not
support the amendment. Five hundred dollars is a lot of money. Many
people would not even have that kind of money to pay for the
prescription. And what I would like to say is when you factor in the
cost of going to a facility to actually have the injection administered,
there's costs that are going to be incurred in that; and how many other
drugs do we compare the cost when we provide coverage for? And I just
think this is something we ought not do. These people, we heard in
committee that this is much less invasive as the injection is. And we
have people talking about the better quality of life with taking the
oral medication. I would just ask you to vote no on this amendment.
[SPEAKER CHANGES]
Representative Glazier, please state your purpose.
[SPEAKER CHANGES]
To speak to the amendment.
[SPEAKER CHANGES]
The gentleman is recognized to debate the amendment.
[SPEAKER CHANGES]
Thank you, Mr. Speaker. I think that there are good, I suspect, good
reasons both ways here, but we know that what we're really seeing in
part is a contest of course between Blue Cross Blue Shield on one hand
and pharmaceutical companies on the other, going on. But the people
being caught in the crossfire on this amendment, and to some degree on
the bill, are the patients and I'm going to side with the patients.
There are only approximately a hundred of them, and although there is
precedent issues here and I understand that, we can't deal with all that
in a single bill. This bill is a narrow bill crafted by Representative
Lewis to deal with a hundred people who have cancer. Who can only or by
doctor's orders, for the best, most efficient treatment be treated with
the oral medication. We can't answer all the questions on this bill, we
can't deal with all the other diseases, but we can help to save these
hundred lives. I'm just going to focus on the narrow issue before us,
and the narrow issue before us is if you vote for this amendment as
Representative Earle and Cunningham have said, you may as not vote for
the bill because most of the people then can't afford to do the
medication. So, if you're in favor of the bill, you should be opposed to
the amendment - and that is, again, not to say that there should be
negotiation on a much lower figure, but this figure doesn't do justice
to the bill. There are a lot of issues here, but again I choose to vote
for the hundred patients that are involved in the narrow circumstance of
the bill; and for that reason I'll be voting against the amendment and
for the bill. Thank you.
[SPEAKER CHANGES]
Representative Insko please state your purpose.
[SPEAKER CHANGES]
To speak a second time on the amendment.
[SPEAKER CHANGES]
The lady is recognized for the second time to debate the amendment.
[SPEAKER CHANGES]
Thank you, Mr. Speaker. I didn't do a very good job of explaining that.
This figure is not a copayment. It is a cap on the out of pocket
expenses. This cap would be applied both to the pill that is taken, the
oral prescription drug, or the inoculation injection at the hospital.
And Blue Cross Blue Shield and other insurers have agreed to support a
bill that would spread this to all specialty drugs. This is a way the
insurance should work. The cost should be spread across many different
parties and across many different drugs. It shouldn't all be put

on one kind of patient for one kind of illness. So this is actually a
cap on the co-payment and the out of pocket expenses and it would apply
both in the hospital and for the oral pill taken at home. So we still
don't understand this. To me this is committee work still. Try to do
committee work on the floor where we are getting more details and
getting a better understanding. This is a good amendment. I hope you
will vote for it.
[SPEAKER CHANGES]
Further discussion, further debate on amendment?
Representative Fulghum, please state your purpose.
[SPEAKER CHANGES]
Thank you, mister speaker. I have agonized over this bill.
[SPEAKER CHANGES]
The gentleman wishes to debate the amendment?
[SPEAKER CHANGES]
I do.
[SPEAKER CHANGES]
The gentleman is recognized to debate the amendment.
[SPEAKER CHANGES]
I appreciate your ??
We can talk about pharmaceutical and medical benefits in one sentence.
What we are talking about here is the confusion is being created over
the artificial separation. And the medical benefit that you have in your
insurance package covers the IV treatment in the hospital.
Pharmaceutical benefit covers the out patient treatment that you get at
the drug store and pick up your pills.
They're are two separate events as far as the insurance carriers are
concerned, as far as the deductibles are concerned in most cases. Blue
Cross, Blue Shield is not the perpetrator of this system. All insurance
companies have to benefit themselves in regards to covering the risks
that they take on. So they try to figure how to do that by charging the
proper premiums.
The answer is unpredictable. Patience is a ??, as previous speakers have
noticed, of our efforts here. I think the amendment does not add to the
benefit of the bill. Therefore, I am against the amendment for the bill.
Thank you.
[SPEAKER CHANGES]
Representative Tine, please state your purpose.
[SPEAKER CHANGES]
To ask the amendment's sponsor a question.
[SPEAKER CHANGES]
Representative Stevens, will you yield?
[SPEAKER CHANGES]
I yield.
[SPEAKER CHANGES]
The lady yields.
[SPEAKER CHANGES]
Thank you. I apologize. I'm a bit confused at this point. It says in
your amendment that it's per five hundred per filled perscription. I've
heard some people say it is the total co-pay amount. I've heard some
people say it's a monthly amount. Could you define that five hundred
dollars for me? Is that for the whole treatment or is that a per month
type of deal?
[SPEAKER CHANGES]
It is intended, and I think the amendment is not as clear as it needs to
be and it probably still needs some work, the intent was no more than
five hundred per month. It does say five hundred per perscription, but
again we were doing this as we were walking on the floor today and I
haven't made those corrections. Apparently it does say five hundred per
perscription but I will tell you if the amendment passes and we pass the
bill ?? the third, then I will make sure that it is clearly that way
tomorrow.
[SPEAKER CHANGES]
Follow up?
[SPEAKER CHANGES]
The lady yield?
[SPEAKER CHANGES]
I do.
[SPEAKER CHANGES]
The lady yields.
[SPEAKER CHANGES]
So it's not for a year period which a normal co-insurance type of or
deductible period would cover?
[SPEAKER CHANGES]
I believe it says the co-insurance, and again, it is not really a
co-pay. It talks about being a co-insurance.
[SPEAKER CHANGES]
Mister speaker.
[SPEAKER CHANGES]
Representative Insko, please state your purpose.
[SPEAKER CHANGES]
I'd like to ask representative Stevens a question.
[SPEAKER CHANGES]
Representative Stevens, does the lady yield?
[SPEAKER CHANGES]
I yield.
[SPEAKER CHANGES]
Lady yields.
[SPEAKER CHANGES]
Representative Stevens, I don't want this amendment to fail. I also
agree that it needs some cleaning up, some clarification. Maybe we need
to get some more further additional information on it. I'm wondering if
it would be better to ?? a third and run this amendment tomorrow.
[SPEAKER CHANGES]
And I would certainly be happy to yield to that but I did want to have
this discussion. Mister speaker we want to place this amendment and ??
objection to third.
[SPEAKER CHANGES]
The amendment has been withdrawn by representative Stevens. We are back
on the bill.
Further discussion, further debate on the bill?
[SPEAKER CHANGES]
Representative Richardson, please state your purpose.
[SPEAKER CHANGES]
Mister speaker, I would like to speak on the bill.
[SPEAKER CHANGES]
The lady is recognized to debate on the bill.
[SPEAKER CHANGES]
I was in the committee yesterday when we debated this bill and I am a
recipient of chemo therapy and I had the option of getting IV treatment
ten days at Duke hospital. I refused that and I went out of state to
Philadelphia and I got the oral treatment and I didn't have any problem
with my insurance paying one or the other. But I do want to stand here
and say that if a patient has an option to take oral treatment for
cancer it is much better for that patient. The quality of life and
everything is much better. Cancer is a very

Deadly disease I was fortunate that I did not have the most aggressive
but my doctor told me that many patients don’t necessarily die from
cancer. They die from malnutrition because the drug makes them so sick
that they cannot eat. So if we are concerned about helping people, I
urge you to vote for this Bill because the chemo, the oral chemo is less
invasive and one can function a whole lot better with that treatment
than they can with IV. Thank you.
[SPEAKER CHANGES]
Representative Stevens, please state your purpose.
[SPEAKER CHANGES]
Speak on the Bill.
[SPEAKER CHANGES]
The lady is recognized to debate the Bill.
[SPEAKER CHANGES]
Ladies and gentlemen and I’ve talked to several members of the house
here and I don’t know that everybody didn’t seem to get this notice but
this is from the National Federation of Independent Business and I will
just read you the relevant portions. Affordable and accessible health
insurance for small businesses is one of our top three concerns for the
successful small businesses in our state. Continued insurance mandates
only increase the cost of healthcare and insurance are almost making it
impossible for any small business owner to provide healthcare for their
employees. House Bill 609 in seeking answer from treatment Fairness Act
would require employers to offer health benefits to the employees to
cover all the chemotherapy medications in a manner similar to that of IV
chemotherapy. In-house IVs concern is that no matter how
well-intentioned health insurance mandates help you while making basic
coverage more expensible, expensive and less successful for everyone.
In-house IV asks that House Bill 609 be referred to insurance committee
which has happened, so that the cost to small businesses can be
completely debated, if not, House Bill 609 is above the house floor,
In-house IV asks you to vote ‘no’ on this expensive health insurance
mandate.
[SPEAKER CHANGES]
Representative McLaurin, please state your purpose.
[SPEAKER CHANGES]
Speak on the Bill.
[SPEAKER CHANGES]
The lady is recognized to debate the Bill.
[SPEAKER CHANGES]
Thank you very much Mr Speaker. Members of the House, I just want to
encourage you all to vote for this bill. I have seen my brother who had
cancer, he had brain cancer. And I saw that he took the IV therapy and,
and the, all trips to the hospital for that therapy and what it did to
his body. And I saw what it, the bacterial infections that he got when
he went to the hospital for the therapies, the nosocomial infections
that he got from the hospital and I saw the cost of those hospital stays
for that IV therapy. And believe me, they were very, very expensive to
his insurance company. I also had a friend who had cancer. She had bone
cancer, she had lung cancer and she had also a brain tumor here in
Chapel Hill. She was very lucky to have the North Carolina Cancer
Institute here at the university and her doctor had an experimental drug
that he actually had the final FDA approval. It was an oral therapy. He
got it for her, has been FDA approved. She went through that, did not
lose any hair, had a wonderful cancer treatment and has now been
cancer-free ?? mission from all three of those cancers that they told
her. Had she had IV therapy and not had this oral care cancer therapy,
she would not have lived for, after three months if she had not had this
therapy. The quality of life she has compared to the quality of life my
younger brother had, I can’t put a dollar value on that. Please vote for
this Bill.
[SPEAKER CHANGES]
Representative Robert Brawley, please state your purpose.
[SPEAKER CHANGES]
Speak on the Bill.
[SPEAKER CHANGES]
The gentleman is recognized to debate the Bill.
[SPEAKER CHANGES]
Mr Speaker, ladies and gentlemen, as, as already been brought out, all
of us have been touched by cancer. Survivors, I congratulate you, you’re
quite fortunate. In our family and one generation, there have been seven
deaths from cancer before the age of sixty, all men. Though whenever I’m
sick, believe me.

call me chronic, neurotic, call me whatever you want to as
long as you call me. Because I'm going to go get it checked on. But, we
also have to look out for those that are living and trying to make a
living. These are tough economic times. I've talked to Blue Cross and
Blue Shield and they have submitted, to the department of insurance,
rate increases of 80% for health insurance beginning January 2014. That
doesn't mean it's going to be that much, you still have got the
commissioner to make the final decision, but the submission is for an
80% rate increase in health insurance. You heard the discussion, it's
not a mandate. I don't know how you tell somebody to do something and
it's not a mandate. You heard the discussion. This is, the amendment was
defeated or pulled back because of an argument, this is the first time
we dealt with co-pay. This pay does exactly that in telling an insurance
company what to pay. It is going to increase the cost regardless of what
we say. I am sorry, I do have to vote against it, I urge you to vote
against it, we're mandating enough, people out there are trying to make
their plans and make a living. And this is a mandate. We'll work out a
way. I urge you to defeat this bill.
[SPEAKER CHANGES]
Representative Avila, please state your purpose.
[SPEAKER CHANGES]
To debate the bill.
[SPEAKER CHANGES]
The lady is recognized to debate the bill.
[SPEAKER CHANGES]
Thank you Mr. Speaker. I think we have a very clear instance here of
where our technology has got ahead of our laws, and that's exactly what
happened. They can come up with over the next six months 15-dozen
different infusion therapies and nobody would say a word about it. The
insurance companies would cover it, and people would be safe from
cancer. But because we have a new technology in the sense of a delivery
system, we are not going to be able to help people. And I do not think
that's right. It behooves us as smart people to figure out how we can
take advantage of the technology that's available to our people because
they're not only finding new oral applications they're being able to
find the oral applications for the current infusion therapies and giving
the people a much greater quality of life that they can carry on and
they can work and not have to take time, go to a hospital, run the risk
of other infections, and lose a lot of time because they have to stay in
for two or three hours at the time. So let's please get technology and
funding straight. To save some of the lives of people in the state.
Thank you.
[SPEAKER CHANGES]
Representative Collins, please state your purpose.
[SPEAKER CHANGES]
?? to debate the bill.
[SPEAKER CHANGES]
The gentleman is recognized to debate the bill.
[SPEAKER CHANGES]
Folks, once again, I can't support this bill right now if the amendment
goes on it I'll be happy to change my vote. If we don't like the fact
that we have one predominant insurance carrier in North Carolina, we can
blame the General Assembly for that, in a large part. Again, back in the
1990s long before health consolidation became what it is today the fact
that we continued to pass mandates, continued to push companies out of
North Carolina. I had several companies I was writing with back in the
early '90s and I would ask them "why are you guys leaving North
Carolina"? They say well you keep increasing the mandates, you keep
constricting what we can do with premiums because you're saying you
can't rate the most healthy group, but a certain multiple over the least
healthful group. Our actuaries can't figure out whether we can make a
profit in North Carolina or not, so the fact that we have very few
insurance companies now and one predominant one is due, a lot, to
legislation that's been passed over the last 20 years., And not believe
that or believe it but I can tell you I was in the field and that's what
happened. Also, now we're going to do, I think we're going to contribute
to another trend in North Carolina. We heard an insurance Committee the
other day. North Carolina is one of the fastest growing states in small
businesses dropping their health insurance coverage. That should be
alarming to all of us. This is something that is just one more small
step towards exacerbating that trend. When the small business people are
being squeezed and squeezed and squeezed and squeezed say I'm sorry I
just can't be squeezed anymore. They do one of three things. They
either drop their health insurance coverage, they lay people off, or
they turn full time employees into part time employees so they don't
have to pay benefits. Again, I'll be happy to support this bill if we
can get an amendment where there is some cost sharing. I'm not sure we
don't have equity all ready. I mentioned before that my dad had
injections. They cost $2000 apiece, and he wound up paying most of that,
he had Medicare and that was it. But, if somebody's getting a $2000
benefit free and somebody else is getting a $10,000 pill and paying $500
where's the parody? Who's getting the break there? So, there's a lot of
way to look at parody, not just the way that' has been presented in this
bill. My concern is more that we're continuing to exacerbate trends -

as if we as a standstill as the last 20 years and I'm seeing that are
small businesses and property shares of clear that it was not a warm all
our people is at the steel having no known as the last time, known as
the little leaguers win on the higher this isn't listening to some of
the word riled us this was and still all of his machines and a science
all the facts with sensitive and beetle forces in a moment residents
PlayStation purpose of a seven-office personnel assigned your answer
questions and he's a great deal of the depressing that I keep getting
free for ages and didn't call me know when the sun and the questions and
riled I heard it from here to three rout with us as Thailand, Asia
charge for by the theory that has the same ?? site, I wear a hat is for
one prescription drugs that treat cancer has stopped all your cancer Dr.
?? settle the answer to your life she your question is I don't know
where the 40 dollars from 9:00 AM-2042 time but not in this behind the
season before me in replies has said he was, at the request the Federal
this week by the wayside I'm updating us in less than this is one of
many full peace since 1972, the best coffee might begin at Thailand at
that meeting, families and to what is the fact that one can deny us a
hospital the decennial count some easing of the night we don't have a
bearing for patients China for pages of visibility as person is in a
PlayStation purposes contest times arrest person uses, you know it's are
dozens of thinking of us in fact it is bill E coli is a time and money ,
the asp in our time he is, scenes at 1:00 PM, in all of these guys are
no I have nothing against you on stage and will think it's time to the
states in the NBA history as I know them and II mentioned that there are
many different ones has said of the different bond insurance for the
latter's although still stymied is if your insurance providers that
provides one ?? health ridge for cancer and you have a charge that you
charge for IDs are the rules that the seashores is too short for the
first collection agents ?? at all in the industry done us thought it may
be different for different times during arrest on it and also begin on
scale and the tiled , the incentive of your spirits own all-year issues
than I am not into any time I insert his insurance companies have two
different of the based on Times' Insurance and Walt Hazzard, for
consumers may of the insurance, same way and the time when she crossed
him which is fond of arson and network of networks things for use in
those cost around all times to all have the highest deal if me there may
be more than one shores is the insurance carrier has more than a
shortage for the demonstration: IDs: I have a list of finances when I
have one moment his time in U.S. outstanding actor is easy way out will
hear any ?? at the Avalon and Annette 52 dollars a month on your
??.................

a plenty of pocket expenses or edit and her ability of the Nicolette he
has the time us an idea behind us on whether the city would be a second
time he is the anti-VIP cancer center of mail that is a key person and
Stevens PlayStation part time to see it happen often, the other question
person: his own Yuan us down U.S. and Time Warner person: when is a bad
call procedure like that the chemotherapy use that rockets sales utility
insurance companies Saturday at halftime-to a unit of the heart of
intent with insurance company of San José’s, runtime single bill through
the possible showers that wall-depth of his time-short the pollard and
that's only some of soul these are at which time the facilities were
indeed all his adult charge by for some of his genuine, U.S. anti mail
and levels are you a accidental provider Kenny at the at-and this be
eligible paradigm at the pharmacy well that he would not because of the
moment I lost the other shares. Fitness to serve again response from
some reasonable given the open division in the hospital is crucial all
times and George of the staff is no sweat should be treated as a
disease, one of the best of their side question, as I think this was not
as more and more in this 1:01 season at Oregon’s measure the operation
studies of the sliced mushrooms and riled and personnel as way station
purpose the site of reasonable doubt because there has made times and
was undertaken a city that is the last two conversations and I Sound
boring that is why this deal was not to carry on the sources are in
favor of the overture charging for transfusion person didn't in season
has begun to dry loss on our highways of Islam is only starting line so
we now say the deal has been only institution star plus the time is now
three diversity and is using a sidebar to be retreating party time as it
was not the day care and it does not view the status of defense, one
visit with a time when we adopted since I, Claudius on business does not
view the time is also has a problem that North Carolina sloppy about
this bill person started time purpose right share the times in some
parts of the GM-with a seizure is your mind can use to a way to
encourage change in the same time as it in her as a resident of citizens
of the ramadan as a visiting scholar in a similar remember to painting
in motion to refer time of singers to 18 hours Tuesday time, his most of
the two firms in denial, 6. ??-96 a , residents carton is a builder for
a 69 times this is a debate last hour of simplest way station purpose
??hood was because it has made notion that you Mr. Speaker and the
levees and java house. Patients to choose from this happen a lot of time
and then warm that was the second motion offered via lead to a ?? of a
slot in this way the bills file, if a table for a post-it was-and I'll
return receipt of Federal Court today, of the individual asset is more
houses on my intranet latest action is timeouts. A honest service office
mail ??..................

I have to bear set to insurance. I went to the chairman of the insurance
to make the and i ask him if we send her you have to bear her. He greet
there and then what he said he will do [SPEAKER CHANGES]
I did what i said i will do.the way iam sorry rolling of the day where
to you i am worked thanks the core and talk a thing where was could a
week ago say that the bill needed ago to insurance and the request of
these insurance has to go that might be over the due has to go down go
to insurance. So we took after flow senate insurance and we discuss
these things is then to insurance is been good is been discussed i would
respectly has that the motion to overflow we decided and lets be on this
field. Thank you miss fig. [SPEAKER CHANGES]
I request mr jane please Take your purpose. [SPEAKER CHANGES]
Speaker ?? speaker right now may commercial. [SPEAKER CHANGES]
I would require representative mr.comet is on listen to the debate in
the chamber.i don’t think this discrepancy in the procession is going
to be solved we tackle changes in a comedy there are soft core idea
launch to different physics present on this core. We can send back this
bill to the insurancecompany to the comedy thats not the saw the wax
will joy will compensation we had you today seems like the meyer this is
not the wish you go ahead talk now the ??representative dr.stevenson?? i
cant believe sending the insurance just anything but the lie is getting
back there week and doing this all overagain. [SPEAKER CHANGES]
Prof.lay hock please take on your puporse[SPEAKER CHANGES]
speak on the most we refer[SPEAKER CHANGES]
the german mr.right now to the discussion[SPEAKER CHANGES]
thank you mr.speaker and i appreciate the endolescene of this body this
afternoon before a lot people work here on this beer i think the beer is
to be rewarded today we explode everyones consolence about it. I think
be enjoyous appreciate the hard work its be turn about the they send it
back to insurance eventhough they ground the floor before and they had
the ?? and i think it has to be appreciation work.so we don’t know about
the work and we deal with the various insurance company they had this
registration lecture we all heard it we all talked about it and i think
we should all thats the motion we should refer there.[SPEAKER CHANGES]
mr.stanley please take your purpose. [SPEAKER CHANGES]
speaker??[SPEAKER CHANGES]
speaker be in motion[SPEAKER CHANGES]
the i was run the insurance company the way in we discussed and the the
everyone boarded after this bill was one and after the represented
mr.varley was the he has to listen too commence in ?? but it was
insurance i like to send the back to insurance its highly unlikely you
will get a different result all is to do the way i this bill can be had
so i would suggest and hope that this bill can be had this afternoon and
boarded either up or down.thankyou [SPEAKER CHANGES]
presented michael[SPEAKER CHANGES]
please take your purpose[SPEAKER CHANGES]
be on the motion [SPEAKER CHANGES]
represent the flues for to come and the description may seem us to go
and then in the common name thank you for that and i would represent
glues for that everything in his power to do the right thing with this i
would seen the communication meaning reasoningly coming up cross i would
go on with us i mean an insurance to own a several bills we had and the
vary seriel of the we had people speaking on the very good on the
speak?? And thats and i appreciate that because of that the time for us
very series concern we had to die on the floor a time actually time to
had and comedy and we had to do this very very quikly in comedy and we
said much more discussion much more sub to discuss here to they in the
insurance comedy so that we will refer this body
i request mr.john please take on your purpose [SPEAKER CHANGES]
i the motion [SPEAKER CHANGES]
the german is right now to the debate the motion in second time [SPEAKER
CHANGES]
thankyou mr.speaker i think i have to give my first experience as
example.everybody have to go. i have to go i with everyone we had it
today. But i feel like iam sitting in a big comedy and iam doing
comedian work in the middle work on issues i wouldn’t due with the lie
done we and i hearing big sides after hearing people know about this to
issues talk about things and i think probably should be with the comedy.
Iam getting very comfortable with it the more we discussed actually and
iam presiding that iam hearing that.

came out of insurance without a whole lot of discussion or without much
controvesy or whatever, so I am putting this forth. I appreciate
greatly the amount of work that Representative Lewis has done, Rep
Dockham and his committee but I really feel this is something that
should go back to insurance but whichever way you feel, you won't hurt
my feelings either way. Thank you.
[SPEAKER CHANGE]
Representative Hastings, please state your purpose.
[SPEAKER CHANGE]
To see if Representative Steinburg would yield for a question.
[SPEAKER CHANGE]
Representative Steinburg does the gentleman yield?
[SPEAKER CHANGE]
Of course I would, yes.
[SPEAKER CHANGE]
Representative Steinburg was there a division in the Insurance
Committee?
[SPEAKER CHANGE]
Division in the vote?
[SPEAKER CHANGE]
Yes sir.
[SPEAKER CHANGE]
I don't believe so, no.
[SPEAKER CHANGE]
Follow up.
[SPEAKER CHANGE]
Does the gentleman yield? Gentleman yields.
[SPEAKER CHANGE]
So we in fact don't know what the votes were, is that correct?
[SPEAKER CHANGE]
Well one of the folks who raised his hand when I was speaking,
Representative Brawley, corrected me and said there were two people who
voted against that bill.
[SPEAKER CHANGE]
Does the gentleman yield?
[SPEAKER CHANGE]
Certainly.
[SPEAKER CHANGE]
Do you think Representative Brawley knows exactly how I voted in that
committee?
[SPEAKER CHANGE]
Representative Brawley is a pretty sharp guy.
[SPEAKER CHANGE]
The gentleman is recognized to debate the motion.
[SPEAKER CHANGE]
Representative Brawley is not that sharp.
[SPEAKER CHANGE]
Representative Dockham, please state your purpose.
[SPEAKER CHANGE]
Speak on the bill, on the motion.
[SPEAKER CHANGE]
The gentleman is recognized to speak on the motion.
[SPEAKER CHANGE]
Thank you I feel like I need to stand up just to defend myself as
Chairman of the Insurance Committee. I felt like we had good debate on
the bill, we debated the bill, we heard from the public, we took
questions after that and I think I made the statement this is the type
of thing that we could probably spend 3 or 4 committee meetings on but
nobody brought this up in committee. There were very few questions
quite frankly. I thought we had a good meeting and as promised, I moved
the bill through the committee in an expeditious manner as I promised
Representative Lewis. Now I don't want us to stand here all afternoon
and debate this bill. These questions should have been brought up in
the Insurance Committee and we have a motion before us to send it back
to Insurance. If you want to do that, we will put it on the Committee
first thing and try to take care of these things. I don't know that
that's necessary but we will hear the bill in Insurance first thing next
Tuesday if that is what the body wants to do but Mr. Speaker I don't
think we should debate it here on the floor and I ask the body to
please, let's vote on the motion and let's move on. This is a good bill
and the kinks needs to be worked out and we need to move on. Thank you.
[SPEAKER CHANGE]
Representative Floyd please state your purpose.
[SPEAKER CHANGE]
Mr. Speaker, thank you.
[SPEAKER CHANGE]
Does the gentleman
[SPEAKER CHANGE]
I sit back for a long debate.
[SPEAKER CHANGE]
Does the gentleman wish to debate the bill?
[SPEAKER CHANGE]
Yes sir.
[SPEAKER CHANGE]
The gentleman is recognized to debate the bill.
[SPEAKER CHANGE]
And I am on Insurance Committee and I think that our chair allowed us
the opportunity to vent and also to get to the pros and to the cons.
Sometimes in our meetings we allow the public to take a time, that we in
the committee try to be fair and I think that the bill itself from Rep
Lewis got a fair hearing and I think that because of that crossover date
we need to vote on this and vote it up or vote it down and not to send
it back.
[SPEAKER CHANGE]
Representative Avila please state our purpose.
[SPEAKER CHANGE]
To ask a question of the bill sponsor.
[SPEAKER CHANGE]
Representative Lewis does the gentleman yield?
[SPEAKER CHANGE]
Yes sir.
[SPEAKER CHANGE]
The gentleman yields.
[SPEAKER CHANGE]
Thank you Mr. Speaker. I've been seeing all the shalls and everything
in there, I wonder, the way your bill is written, would the weeds or the
mechanics and details of how the insurance companies arrive at parity,
be something that this is directing them to do
[SPEAKER CHANGE]
Yes, if the lady will yield to debate the motion, it sounds like we are
getting into the mechanics of the bill if the bill is not getting
re-referred that may be more appropriate if we go back on the bill
before we take the vote and the chair anticipates that was the question
Representative Stevens had? Representative Jordan, please state your
purpose.
[SPEAKER CHANGE]
At this point I guess I would like to make a motion for a previous
question
[SPEAKER CHANGE]
If the gentleman would be so kind there is only one other member whose
light is

?? We would at least go to that member and then put the question.
Representative Pittman please state your purpose. [SPEAKER CHANGES]
inquire the chair. [SPEAKER CHANGES] the gentleman may state his
inquire. [SPEAKER CHANGES] Mr. Speaker, I'm a little confused here. I
just want to make sure I'm understanding the process correctly here. If
we do not re-refer and the bill is defeated is that the end of it or
would there be another chance to deal with it. [SPEAKER CHANGES] Not
necessarily Representative Pittman. If the motion is defeated we will
put the question on the bill apparently a little other discussion or
debate. If the bill fails then anyone who voted on the prevailing side
which is the side that voted no could make a motion to reconsider and
then the bill could at that point could re-voted or referred to the
committee at that time so if the bill does fail on the floor I fully
anticipate that in deference to the member that someone would make a
vote to reconsider and would deal with it on the basis. [SPEAKER
CHANGES] Thank you Sit. [SPEAKER CHANGES] Further discussion, further
debate on the motion. If not the question for the house is the
re-referral of the House Committee substitute number 2 for House Bill
609 to insurance committee. All in favor vote Aye. All opposed vote no.
The clerk will open the vote. The Clerk will allow the machine to record
the vote. Twenty seven have been voted affirmative eighty-eight in the
negative. The motion fails. Now we're back on the bill. Further
discussion further debate on the bill. Representative Avila, please
state your purpose. [SPEAKER CHANGES]To ask the bill's sponsor a
question if it's appropriate. [SPEAKER CHANGES] Representative Lewis,
does the gentleman yield? [SPEAKER CHANGES] Yes sir. [SPEAKER CHANGES]
The gentleman yields. [SPEAKER CHANGES] As I had asked before
Representative Lewis when we direct insurance companies that they shall
do certain things would it not be in their purview to look at how they
pay for the intravenous and charge and the oral and be able to figure
out within their expertise what parody would be equal to ? Particularly
with the restriction that you had that they can’t go in and change
things in a way that would kind of be a run around what you’re hoping to
do. [SPEAKER CHANGES] Yes Ma’am I would certainly believe they would
certainly have the expertise to be able to examine the service that is
provided and figure out what a comparable prescription benefit charge
would be. [SPEAKER CHANGES] Further discussion further debate? If not
the question before the house is the passage of House Committee
substitute number two for House Bill 609 on its second reading. All in
favor vote Aye. All opposed vote no. The clerk will open the vote. The
clerk will let the machine record the vote. Eighty-six having voted
affirmative twenty-seven in the negative the House Committee substitute
number two to House Bill 609 has passed its second reading and by prior
agreement will remain on the calendar. Ladies and Gentleman of the house
the chair also would , without objection, move that House Bill 628, the
Promote, Protect North Carolina Lumber be re-calendared for Monday May
the thirteenth. It's the understanding of the chair that there are some
questions being asked that the bill's sponsor hopes to have resolved by
then so it can be voted on on Monday/ without objection. Ladies and
Gentlemen of the House, We're going to meet at noon tomorrow. we don’t
anticipate too long of a calendar tomorrow but for the veterans who have
been through crossover weeks before, get a good rest over the weekend
because next week promises to be a very busy long series of days. For
your planning purposes, because crossover is on Thursday we don’t
anticipate having to work on Friday but we do anticipate Monday through
Thursday being very busy. We’re gonna adjourn the subject reports and
other matters

We won’t delay you any longer. Notices and announcements.
[SPEAKER CHANGES]
Representative Dollar, please state your purpose.
[SPEAKER CHANGES]
An announcement.
[SPEAKER CHANGES]
The gentleman is recognized.
[SPEAKER CHANGES]
Members of the House, we will not meet in appropriations tomorrow
morning. There will be no appropriations meeting in the morning, but you
can anticipate one next Tuesday morning. Just pay attention to your
emails. Thank you.
[SPEAKER CHANGES]
Representative Stone, please state your purpose.
[SPEAKER CHANGES]
An announcement.
[SPEAKER CHANGES]
The gentleman is recognized.
[SPEAKER CHANGES]
Ladies and gentlemen, the committee on government will meet in the
morning at 10:00, room 643. We have a packed agenda so please be there.
[SPEAKER CHANGES]
Representative Howard, please state your purpose.
[SPEAKER CHANGES]
Make an announcement.
[SPEAKER CHANGES]
The lady is recognized.
[SPEAKER CHANGES]
House finance will meet in the morning at 8:30 in room 544.
[SPEAKER CHANGES]
Representative McElraft, please state your purpose.
[SPEAKER CHANGES]
For an announcement.
[SPEAKER CHANGES]
The lady is recognized.
[SPEAKER CHANGES]
Environment will meet tomorrow morning in 544 at 10:00. There will only
one bill but it’ll be the amends bill, House Bill 94.
[SPEAKER CHANGES]
Representative Iler, please state your purpose.
[SPEAKER CHANGES]
For an announcement.
[SPEAKER CHANGES]
The gentleman is recognized.
[SPEAKER CHANGES]
Mr. Speaker, due to the large amount of bills, we have a special meeting
tomorrow for transportation fifteen minutes after session in room 643.
We have ten bills to look at.
[SPEAKER CHANGES]
Representative Starnes, please state your purpose
[SPEAKER CHANGES]
For an announcement.
[SPEAKER CHANGES]
The gentleman is recognized.
[SPEAKER CHANGES]
The Republican caucus has been canceled.
[SPEAKER CHANGES]
Representative Larry Hall, please state your purpose.
[SPEAKER CHANGES]
Announcement.
[SPEAKER CHANGES]
The gentleman is recognized.
[SPEAKER CHANGES]
Thank you, Mr. Speaker.
[SPEAKER CHANGES]
The Democratic caucus is an hour behind session tomorrow or if there’s
any change to that. Please watch your email for any change in that.
Thank you.
[SPEAKER CHANGES]
Representative Pierce, please state your purpose.
[SPEAKER CHANGES]
Announcement, Mr. Speaker.
[SPEAKER CHANGES]
The gentleman is recognized.
[SPEAKER CHANGES]
Members of the Legislative Black Caucus, right after session, room 1425.
Members of the Legislative Black Caucus, thank you, Mr. Speaker.
[SPEAKER CHANGES]
Representative Carney, please state your purpose.
[SPEAKER CHANGES]
For an announcement.
[SPEAKER CHANGES]
The lady is recognized.
[SPEAKER CHANGES]
Members of the legislative county caucus will meet tomorrow morning at
7:45 in room 425.
[SPEAKER CHANGES]
Representative McManus, please state your purpose.
[SPEAKER CHANGES]
May I be recorded as voting yes on that last vote?
[SPEAKER CHANGES]
The lady will be recorded as having voted yes.
[SPEAKER CHANGES]
Thank you.
[SPEAKER CHANGES]
Representative McManus, and that is on House Bill 609. Rep Jones, please
state your purpose.
[SPEAKER CHANGES]
For an announcement.
[SPEAKER CHANGES]
The gentleman is recognized.
[SPEAKER CHANGES]
The Health and Human Services committee will meet tomorrow in 6:43 at
9:15 am. That’s the corrected time. We’ll meet at 643 at 9:15 am.
[SPEAKER CHANGES]
Representative Jordan, please state your purpose.
[SPEAKER CHANGES]
Announcement.
[SPEAKER CHANGES]
The gentleman is recognized.
[SPEAKER CHANGES]
House Judiciary Subcommittee B will meet fifteen minutes after this
session, legislative office 421.
[SPEAKER CHANGES]
Representative Moore, please state your purpose.
[SPEAKER CHANGES]
First of all for an announcement.
[SPEAKER CHANGES]
The gentleman is recognized for an announcement.
[SPEAKER CHANGES]
Mr. Speaker, I just want to remind people that the rules committee will
meet in room 1027 for what I hope is a short meeting so I would ask
members to please be prompt and please come so we’ll have a quorum and
that’s the only thing I had in motion, Mr. Speaker.
[SPEAKER CHANGES]
Further notices and announcements. Representative Moore is recognized.
[SPEAKER CHANGES]
Subject to the receipt of committee reports, re-referral of bills and
resolutions, and messages from the Senate, I move that the House do now
adjourn to reconvene on Thursday, May the 9th, 2013. Representative
Moore moves, seconded by Representative Lewis. Subject to the receipt of
committee reports, messages from the Senate, and re-referral bills and
resolutions, that the House do not adjourn to reconvene at Thursday, May
the 9th, 2013. All in favor say aye. All opposed say no. The ayes have
it. The House stays to adjourn.
Representative Moffitt is recognized ?? committee report. Corporal Reed.

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